RIFT VALLEY RAILWAYS (KENYA) LIMITED V. SIEWA FURNITURE AND INTERIOR DESIGNERS LIMITED & KENYA RAILWAYS CORPORATION

RULING OF THE COURT

1. By a plaint dated 1st April, 2016, Siewa Furniture and Interior Designers Limited (the 1st respondent) moved the Commercial and Admiralty Division of the High Court at Nairobi seeking various orders against Rift Valley Railways (K) Ltd (applicant).

2. Among the orders sought was payment of Ksh. 174,719,746.00 for breach of contract. It would appear from the record before us that Kenya Railways Corporation was subsequently joined to the proceedings as a third party.

3. Before the suit could be set down for hearing, the 1st respondent filed the Chamber Summons dated 13th September, 2017 seeking inter alia “... an order directed at the defendant to give security for the instant claim to the tune of Kenya Shillings one hundred seventy four million, seven hundred and nineteen thousand, seven hundred and forty six (Ksh. 174, 719,746.00) being the amount claimed in the suit within 7 days of the date of the order.”

The motion was predicated on ten grounds on its face and su…