PRICEWATER HOUSE COOPERS Nairobi ALLAN ACHESA MALECHE KELIN, KINDARUMA ROAD, OFF NGONG ROAD, KILIMANL P.0 BOX 43046 - 00100, NAIROBI,[REPUBLIC OF KENYA 15 APR 20 IN THE HIGH COURT OF KENYA AT NAIROBI 201 fy-P¢CONSTITUTIONALAND HUMAN RIGHTS DIVISION matt PETITION NO. 606 OF 2011 IN THE MATTER OF THE ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLE 22(1) OF THE CONSTITUTION OF KENYA 2010 ‘AND. IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 19, 20,21,28,29,31,33,35,43, AND 46 OF THE CONSTITUTIONOF KENYA "2010 BETWEEN LAW... a KENYA LEGAL AND ETHICAL ISSUES NETWORK OW IV & AIDS (KELIN). AFRICAN GENDER AND MEDIA INITIATIVE.. °° PETITIONER {2¢0 PETITIONER sns® PETVTIONER VERSUS- ‘MARURA MATERNITY & NURSING HOME., ‘COUNTY EXECUTIVE COMMITTEE MEMBER IN CHARGE OF HEALTH 'SERVICES-NAIROBI COUNTY.. ‘CABINET SECRETARY, MINISTRY OF HEALTH... 17 RESPONDENT 288 RESPONDENT {389 RESPONDENT PRICEWATERHOUSE ** INTENDED INTERESTED PARTY PROJECT MANAGER : {209 INTENDED INTERESTED PARTY NOTICE OF MOTION Section 1A, 1B, 3A of the Civil Procedure Act Cap 21 Laws of Kenya and all other enabling provisions of the Law) ‘TAKE NOTICE that this Honorable Court will be moved on the day of 2015 at 9.00 o'clock or soon therealter sa as Counsel for the 16 Respondent/Applicant may be heard on an application {for ORDERS: 1, THAT the Respondent/Applicant be granted leave to join Pricewater House Coopers and OBA-RH as interested parties 2. THAT the costs ofthis Application be provided for“ai [on the following grounds 1 Respondent with respect to the subject matter herein ‘acted as an independent contractor of the intended interested partes, b) THAT the 1* Petitioner approached the 1 Respondent based on the advice and assessment of the intended interested parties. THAT the 1M Respondent will seek indemnity and/or contribution from the intended interested parties for any monies that may be found to be due from the 1s Respondent tothe Petitioners, 4) THAT. is in the interests of justice that the intended interested parties be joined to facilitate the final and effectual determination of the issues arising inthis Petition, AND WHICH APPLICATION is further grounded on the annexed Affidavit of SOPHIA WANJIKU and on such other or further grounds as may be adduced at the hearing hereof ‘outeNDA ocaTEs: DRAWN & FILED BY: OJIENDA & CO.ADVOCATES UHURU HIGHWAY VIEW PARK TOWERS 2 FLOOR, P.0.BOX 17245 - 00100 NAIROBI ‘TO BE SERVED UPON ‘10 BE SERVED UPO! 1. PRICEWATER HOUSE COOPERS Nairobi 2. ALLAN ACHESA MALECHE. KEL, KINDARUMA ROAD, OFF NGONG ROAD, KILIMANI P.0 BOX 43046-00100, NAIROBI,REPUBLIC OF KENYA IN-THE HIGH COURT OF KENYA AT NAIROBI ‘CONSTITUTIONALAND HUMAN RIGHTS DIVISION PETITION NO. 606 OF 2 IN THE MATTER OF THE ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLE 22(1) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 19, 20,21,28,29,31,83,35,43, AND 46 OF THE CONSTITUTIONOF KENYA 2010 BETWEEN LAW... KENYA LEGAL AND ETHICAL ISSUES NETWORK ON HIV & AIDS (KELIN). AFRICAN GENDER AND MEDIA INITIATIVE, |e" PETITIONER {200 PETITIONER 399 PETITIONER VERSUS: MARURA MATERNITY & NURSING HOME. ‘COUNTY EXECUTIVE COMMITTEE MEMBER IN CHARGE OF HEALTH SERVICES-NAIROBI COUNTY. sn: 280 RESPONDENT CABINET SECRETARY, MINISTRY OF HEALTH. 1s" RESPONDENT .3*® RESPONDENT AND PRICEWATERHOUSE ssn 1ST INTENDED INTERESTED PARTY ‘20 INTENDED INTERESTED PARTY SUPPORTING AFFIDAVIT I SOPHIA WANJIKU of Post Office No.75520-00200 Nairobi in the Republic of Kenya do hereby make oath and state as follows: 1. THAT [am a female adult of sound mind and the Director of the 1 respondent in this matter and have the authority of the ho: pitas board of directors therefore competent to make and swear this affidavit on their behalf and on my beballTHAT on 19% July 2001, the Plaintif, trough Allan Achesa Maleche Of Kenya Legal and Ethical Issues Network On Hiv & Aids (Kelin) Sled petition against the Respondents seeking, inter alia, the following, reliefs ) A declaration by this Honourable Court that the act of ‘sterilisation of the 1¥ Petitioner by way of bilateral tubal ligation as done by the 1© Respondent amounted to a violation of the human ‘and constitutional rights of the 1* Petitioner b) An order by this Honourable Court that 1+ Respondent to pay general and exemplary damages on an aggravated scale to the 1 Petitioner for the physical and psychological suffering occasioned by the alleged unlawful and unconstitutional sterilisation. ) Any further and other relief as this Honourable Court deems ft (0 grant THAT having been duly served, the 1* Respondent entered appearance on 25 February 2015, through its Advocates on record, Messrs. Ojienda & Co. Advocates ‘THAT subsequent thereto, the Respondent, through its Advocates on record, Messrs, has filed a Replying affidavit against the Petitioners’ Petition, ‘THAT the 1 Respondent avers that it is not able to the Petitioners either as claimed in the Petition or at all, To demonstrate the foregoing, the 1 Respondent /Applicant will crave the leave of this Honourable Court to refer to the said Replying Affidavit. THAT the 1 Respondent with respect to the subject matter herein ‘acted as an independent contractor of the intended interested parties. ‘THAT the 1 Petitioner approached the 1s! Respondent based on the advice and assessment of the intended interested parties. THAT the 1* Respondent, in view of the above events, further avers that it has been wrongly sued and should not be party to this su. ‘THAT the 10 Respondent further relies on the grounds set out in the Graft Third Party Notice annexed hereto THAT in view of the foregoing, the 1* Respondent properly claims indemnity and contribution from the proposed third party since the IM has been sued as a consequence of an attempt on its part to exercise its obligations under the contract ‘with intended interested parties11. THAT the issues to be resolved as between the 1 Respondent and the intended interested parties are substantially the same issues arising between the Is Petitioner and the 1" Respondent. Accordingly, I verily believe that the said issues should properly be determined not only as between the Ist Petitioner and the I Respondent but as betwen both Is Petitioner, the Is Respondent the intended Interested parties. 12, THAT having perused the evidence ava opinion, and I am so advised by the I Respondent/Applicant’s Advocates on record, which advice I verily believe to be true, that Pricewater House Coopers and OBA-RH are proper party to be joined ble to me, I am of the in this Petition. 13. THAT | swear this Affidavit in support of the Application herein for leave of this Honourable Court to issue and serve a Third Party Notice ‘upon Pricewater House Coopers and OBA-RH. 14. THAT I shall rely on the documents annexed to the Replying Affidavit as above for my current application, 15. THAT what is deponed to hereinabove is true to the best of my knowledge save as to matters deponed to on information sources whereof have been disclosed and matters deponed to on believe the rounds whereupon have been given. SWORN at NAIROBI by the said} SOPHIA WANJIKU ’ tris [ess off Ja20is ) DEPONENT: BEFORE MB ' connessigGen DRAWN, D OIENDA & GO ADVOCATES UHURU HIGHWAY VIEW PARK TOWER 2 FLOOR P.O.BOX 17245 00100 NAIROBI