[2018] KEHC 7736 (KLR)

[2018] KEHC 7736 (KLR)

The court found that the application was a replica of previous litigation (Petition No. 521/2015 and JR No. 553/2016) in which the same issues regarding the ban on motorcycle operations in Nairobi CBD had been conclusively determined. The applicant, though presenting himself as a Member of Parliament, was...

Source-derived case information.

Citation
[2018] KEHC 7736 (KLR)
Parties
Applicant: Charles Kanyi Njagua; Respondent: Nairobi County Government; Respondent: Governor of Nairobi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review 27 of 2018
Procedural Posture
Judicial Review Application / Ruling on Application for Leave and Stay
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Judicial Review, Res Judicata, Abuse of Process, Public Interest, Local Government Powers
Source Language
en
Administrative Law Civil Procedure Judicial Review Res Judicata Abuse of Process Public Interest Local Government Powers

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Parties

Charles Kanyi Njagua

Applicant

Nairobi County Government

Respondent

Governor of Nairobi

Respondent

Procedural Posture

Judicial Review Application / Ruling on Application for Leave and Stay

  1. 1 Whether failure to annex the impugned decision is fatal to the application for leave.
  2. 2 Whether the application is res judicata previous decisions in Petition No. 521/2015 and JR No. 553/2016.
  3. 3 Whether there was material disclosure of existence of decisions involving the same subject matter and parties.

Ratio Decidendi

The court found that the application was a replica of previous litigation (Petition No. 521/2015 and JR No. 553/2016) in which the same issues regarding the ban on motorcycle operations in Nairobi CBD had been conclusively determined. The applicant, though presenting himself as a Member of Parliament, was essentially reviving claims previously dismissed by courts of competent jurisdiction. The court held that while res judicata may not strictly apply to judicial review, the inherent jurisdiction of the court prevents abuse of process by relitigating the same cause of action under different parties or forms. The court emphasized the need for finality in litigation and the importance of...

Court Disposition

application dismissed

Orders

  • The application for leave and stay is dismissed.
  • No orders as to costs.