[2020] KEHC 8804 (KLR)

[2020] KEHC 8804 (KLR)

The court found that the petitioner had already filed a similar petition in the Kisumu High Court, which was allowed. As a result, the present petition was rendered redundant and incompetent by virtue of the doctrine of res judicata. The court therefore struck out the petition and ordered the file closed.

Source-derived case information.

Citation
[2020] KEHC 8804 (KLR)
Parties
Petitioner: Joel Nyanja Ochieng; Respondent: Commissioner General of Prisons; Respondent: Officer-in-Charge Kisumu
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Constitutional Petition 20 of 2019
Procedural Posture
Constitutional Petition / Ruling
Outcome
petition struck out
Judges
RE Aburili
Legal Topics
Res Judicata, Petition Struck Out
Source Language
en
Constitutional Law Res Judicata Petition Struck Out

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Joel Nyanja Ochieng

Petitioner

Commissioner General of Prisons

Respondent

Officer-in-Charge Kisumu

Respondent

Procedural Posture

Constitutional Petition / Ruling

Legal Issues

  1. 1 Whether the petition is maintainable given the existence of a similar petition previously filed and allowed in Kisumu High Court.

Ratio Decidendi

The court found that the petitioner had already filed a similar petition in the Kisumu High Court, which was allowed. As a result, the present petition was rendered redundant and incompetent by virtue of the doctrine of res judicata. The court therefore struck out the petition and ordered the file closed.

Court Disposition

petition struck out

Orders

  • The petition is struck out as the petitioner had filed another petition in Kisumu High Court which was allowed.
  • File closed.