[2021] KEHC 2272 (KLR)
The court found that the present petition was filed by the same person, arising from the same proceedings, and seeking the same orders as in Kakamega HC Miscellaneous Application No. 78 of 2019. This constituted an abuse of court process. The court exercised its inherent jurisdiction to prevent duplicative...
Source-derived case information.
- Citation
- [2021] KEHC 2272 (KLR)
- Parties
- Applicant: Benson Mwandili; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 99 of 2019
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- petition struck out as abuse of court process
- Judges
- DN Musyoka
- Legal Topics
- Abuse of Court Process, Duplicative Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mwandili
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the petition constitutes an abuse of court process due to duplication of proceedings.
- 2 Whether the petition should be struck out for seeking orders already sought in a previous application.
Ratio Decidendi
The court found that the present petition was filed by the same person, arising from the same proceedings, and seeking the same orders as in Kakamega HC Miscellaneous Application No. 78 of 2019. This constituted an abuse of court process. The court exercised its inherent jurisdiction to prevent duplicative litigation and struck out the petition accordingly.
Court Disposition
petition struck out as abuse of court process
Orders
- The petition is struck out for being an abuse of court process.
- The Deputy Registrar shall provide a copy of this ruling to the petitioner and the office of the Director of Public Prosecutions.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL PETITION NO. 99 OF 2019
BENSON MWANDILI...................................................................................PETITIONER
VERSUS
REPUBLIC.....................................................................................................RESPONDENT
RULING
1. The Motion in this matter is by the same person, and arises from the same proceedings, as in the Motion in Kakamega HC Miscellaneous Application No. 78 of 2019. It seeks the same orders as those sought in Kakamega HC Miscellaneous Application No. 78 of 2019. The matter herein was, therefore, filed in abuse of court process, and I hereby strike out the same.
2. The Deputy Registrar to cause copy of the ruling to be availed to the petitioner and the office of the Director of Public Prosecutions.
PREPARED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 12TH DAY OF NOVEMBER 2021
W MUSYOKA
JUDGE