[2024] KEHC 9179 (KLR)

[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
Criminal Law Abuse of Court Process Duplicate Proceedings

Source-derived case record

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Parties

Cynthia Akinyi Akonde

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling

  1. 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.