[2022] KEHC 1232 (KLR)
The court found that the applicant was subject to a prior order barring him from filing any matter without leave of the court, and that the applications in question were filed without such leave. The court further held that it lacked jurisdiction to grant leave or entertain enforcement applications relating to...
Source-derived case information.
- Citation
- [2022] KEHC 1232 (KLR)
- Parties
- Applicant: Meshack Ochieng’ t/a Mecko Enterprises; Respondent: Principal Secretary in the State Department for Early Learning and Basic Education; Respondent: The Attorney General; Respondent: The Cabinet Secretary National Treasury
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E023 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Leave and Directions
- Outcome
- Application for leave declined; file transferred to Commercial Division.
- Legal Topics
- Leave of Court, Abuse of Process, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Ochieng’ t/a Mecko Enterprises
Applicant
Principal Secretary in the State Department for Early Learning and Basic Education
Respondent
The Attorney General
Respondent
The Cabinet Secretary National Treasury
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Leave and Directions
Legal Issues
- 1 Whether the applicant can file applications without leave of court contrary to previous court orders.
- 2 Whether this court has jurisdiction to grant leave to prosecute matters arising from another division.
- 3 Whether the applications filed without leave are properly before this court.
Ratio Decidendi
The court found that the applicant was subject to a prior order barring him from filing any matter without leave of the court, and that the applications in question were filed without such leave. The court further held that it lacked jurisdiction to grant leave or entertain enforcement applications relating to matters originating from the Commercial Division, as the original file and related proceedings were before that division. Accordingly, the court declined to grant leave and ordered the transfer of the file to the High Court Commercial Division for further handling.
Court Disposition
Application for leave declined; file transferred to Commercial Division.
Orders
- The file is transferred to the High Court Commercial Division for placement before Lady Justice Okwany on 31st March 2022 for hearing.
- No leave is granted to prosecute the applications filed without leave.
Full Case Text
Judgment text and source record
24 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO.E023 OF 2021
MESHACK OCHIENG’ T/A MECKO ENTERPRISES...................................................PETITIONER
VERSUS
PRINCIPAL SECRETARY IN THE STATE
DEPARTMENT FOR EARLYLEARNINGANDBASIC EDUCATION..............1ST RESPONDENT
THE ATTORNEY GENERAL...................................................................................2ND RESPONDENT
THE CABINET SECRETARY NATIONAL TREASUREY.....................................3RD RESPONDENT
RULING
1. The petitioner and respondents appeared before this court on 24th March, 2022 for directions. After listening carefully to the sentiments of both counsel for the parties I deemed it fit to peruse the file before issuing any directions. The following have been revealed from the file:
i. On 19th May, 2019 Lady Justice Muigai issued orders barring the applicant from filing any matter without the leave of the court. This was in High Court Commercial and Tax Division No.445 of 2013.
ii. The applicant vide High Court Misc. E048/2020 unsuccessfully sought to enforce the orders in Court of Appeal Civil Appeal No.54 of 2015 and High Court Commercial and Tax Division Case No.445 of 2013. The file was transferred to the High Court Commercial Division by Justice Mativo.
iii. The applicant has similarly come before this court seeking enforcement of the same orders which were declined on 8th October, 2020 by Justice Mativo.
iv. Vide an application dated 16th March 2022 he is seeking leave to prosecute applications dated 28th July, 2021, 13th August, 2021 and 24th February, 2022. These applications were filed without leave of the court contrary to the orders by Lady Justice Muigai.
v. It is clear that this Miscellaneous petition arises out of litigation which originated in High Court Commercial Division case No.45/2013. That is where he should direct all his numerous applications because that is the division that has the original file No.445/2013 plus many other related files.
vi. This court cannot grant the applicant leave to prosecute matters unknown to it.
I accordingly transfer this file to the High Court Commercial Division for placement before Lady Justice Okwany on 31. 3.2022 for hearing among other matters.
Orders accordingly.
DELIVERED VIRTUALLY, SIGNED AND DATED THIS 25TH DAY OF MARCH, 2022 IN OPEN COURT AT MILIMANI, NAIROBI
H. I. ONG’UDI
JUDGE OF THE HIGH COURT