[2024] KEHC 13371 (KLR)
The court found that the current petition was substantially similar to a previously filed petition (Petition No. E003 of 2024) and that filing multiple petitions seeking the same orders amounts to an abuse of the court process. Consequently, the court struck out the current petition to prevent duplicative litigation...
Source-derived case information.
- Citation
- [2024] KEHC 13371 (KLR)
- Parties
- Applicant: Wilcent Kisia Kadima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Petition E005 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection/abuse of Process
- Outcome
- Petition struck out for being an abuse of the court process.
- Judges
- DR Kavedza
- Legal Topics
- Abuse of Court Process, Duplicative Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilcent Kisia Kadima
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/abuse of Process
Legal Issues
- 1 Whether the current petition constitutes an abuse of the court process due to duplication of previously filed petitions.
Ratio Decidendi
The court found that the current petition was substantially similar to a previously filed petition (Petition No. E003 of 2024) and that filing multiple petitions seeking the same orders amounts to an abuse of the court process. Consequently, the court struck out the current petition to prevent duplicative litigation and to uphold the integrity of judicial proceedings.
Court Disposition
Petition struck out for being an abuse of the court process.
Orders
- The petition is struck out for being an abuse of the court process.
- The court will proceed with Petition No. E003 of 2024.
Full Case Text
Judgment text and source record
17 paragraphs
Kadima v Republic (Petition E005 of 2024) [2024] KEHC 13371 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13371 (KLR)
Republic of Kenya
In the High Court at Kibera
Petition E005 of 2024
DR Kavedza, J
October 30, 2024
Between
Wilcent Kisia Kadima
Petitioner
and
Republic
Respondent
Ruling
1. The petitioner submitted the current petition, received on 28th October 2024, seeking a range of specific orders. However, it is observed that the petitioner previously filed an identical petition requesting the same orders. This petition is substantially similar to Petition No. E003 of 2024, which was filed one day earlier.
2. In the premises, this petition is struck out for being an abuse of the court process. The court will proceed with petition no. E003 of 2024. File closed.
RULING DATED AND DELIVERED THIS 30THDAY OF OCTOBER 2024D. KAVEDZAJUDGE