[2024] KEHC 9179 (KLR)
The court found that the present application was a duplicate of Miscellaneous Application E076 of 2024, which had already been dismissed for non-attendance. Filing the same matter in multiple courts amounts to an abuse of the court process. Consequently, the court struck out the application and ordered the file closed.
Source-derived case information.
- Citation
- [2024] KEHC 9179 (KLR)
- Parties
- Applicant: Cynthia Akinyi Akonde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 44 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application struck out as abuse of court process
- Judges
- DR Kavedza
- Legal Topics
- Abuse of Court Process, Duplicate Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cynthia Akinyi Akonde
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application constitutes an abuse of court process due to duplication of files in different courts.
Ratio Decidendi
The court found that the present application was a duplicate of Miscellaneous Application E076 of 2024, which had already been dismissed for non-attendance. Filing the same matter in multiple courts amounts to an abuse of the court process. Consequently, the court struck out the application and ordered the file closed.
Court Disposition
application struck out as abuse of court process
Orders
- The application is struck out for being an abuse of court process.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Akonde v Republic (Criminal Miscellaneous Application 44 of 2024) [2024] KEHC 9179 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9179 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Miscellaneous Application 44 of 2024
DR Kavedza, J
July 30, 2024
Between
Cynthia Akinyi Akonde
Applicant
and
Republic
Respondent
Ruling
1. The applicant has duplicate files in Kibera and Milimani High Courts. The application herein has been handled in Miscellaneous Application E076 of 2024, which was dismissed on 30th July 2024 for non-attendance for both the applicant and her counsel.
2. I accordingly strike out the application for being an abuse of court process.
3. File closed.
RULING DATED AND DELIVERED THIS 30TH DAY OF JULY 2024. .................D. KAVEDZAJUDGE