A Nairobi lawyer yesterday questioned the powers of the High Court to enforce an order made by the Court of Appeal.

Lawyer James Ochieng' Oduol told Mr Justice Onyango Otieno that the High Court lacked such powers and only the Court of Appeal could enforce its own orders.

He said it was wrong for businessman Kamlesh Pattni to ask the High Court to enforce the order made by the Court of Appeal on January 15.

In the order, World Duty Free Company Chairman Nasir Ibrahim Ali was replaced in Kenya Duty Free Complex with court-appointed receiver Charles Kariuki Githungo.

Mr Pattni has filed an application seeking to have Mr Ali summoned to court to be cross-examined over alleged contempt of court. Mr Ali allegedly refused to hand over property files and other documents to Mr Githungo.

Mr Oduol told the court that there was no evidence in court to show Mr Ali was served with the order.

"Service of an order, service on a person or corporation and service with the requisite documents is mandatory," Mr Oduol told the court.

Mr Oduol is appearing with Mr Enock Aloo for Mr Ali while Mr Pheroze Nowrojee appears for Mr Pattni.

Hearing continues on June 28.

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