Ochieng v Principal Secretary, State Department for Basic Education [2025] KEHC 10441 (KLR)
- Citation
- [2025] KEHC 10441 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JM Chigiti
- Case number
- Judicial Review 414 of 2014
- Language
- English
More details
- Court
- High Court
- Panel
- JM Chigiti
- Case number
- Judicial Review 414 of 2014
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, notwithstanding the applicant's status as a vexatious litigant and the restrictions imposed by previous court orders, the applicant is entitled to access to justice as guaranteed by Article 48 of the Constitution. The court was satisfied that granting leave to file only one further application would not prejudice the respondent and would comply with the requirements set out in the prior orders. The court emphasized that its role at this stage was limited to determining whether leave should be granted, not the merits of any substantive application. Accordingly, the applicant was granted leave to file one application, with all previous restrictions remaining in force and no further applications to be filed without leave of court.
Court disposition
leave granted to applicant to file one application; prior restrictions remain; costs in the cause
Orders
- The applicant is granted leave to file one application as per the application dated 29th February 2024.
- The order dated 26th July 2021 restraining the applicant from instituting further judicial review proceedings without leave remains in force.
- No other applications shall be filed by the applicant without the leave of the court.
- Costs shall be in the cause.
02
Material facts
Parties
Meshack Ochieng
ApplicantPrincipal Secretary, State Department For Basic Education
Respondent03
Procedural history
Posture
Judicial Review / Ruling on Application for Leave to File Further Proceedings
04
Questions and positions
Legal issues
- 01
Whether the applicant, previously declared a vexatious litigant, should be granted leave to file a further application in judicial review proceedings.
- 02
Whether the applicant's intended application constitutes an abuse of the court process or discloses a prima facie cause of action.
Party arguments
- Applicant
- The applicant seeks leave of the court to file a further application in compliance with a prior court order, relying on the right of access to justice under Article 48 of the Constitution. The applicant submits that the application is urgent and necessary to enforce previous judgments and that no prejudice will be occasioned to the respondent by granting leave.
- Respondent
- The respondent opposes the application on grounds that the applicant was declared a vexatious litigant in a previous ruling and is barred from instituting proceedings without leave of court. The respondent argues that the pleadings were filed without the requisite leave, are an abuse of process, lack merit, and do not disclose any reasonable cause of action. The respondent further contends that the application is not properly before the court as it lacks a supporting affidavit.
05
Court’s reasoning
Legal principles
- 01
Order of Hon. Justice M. W. Muigai in Miscellaneous Application No. 167 of 2018; prior ruling of Justice Ngaah dated 26th July 2021
A person declared a vexatious litigant may not institute further proceedings without leave of the court, and the court must be satisfied that the intended suit is not an abuse of process and discloses a prima facie case.
- 02
Constitution of Kenya, Article 48
Article 48 of the Constitution guarantees access to justice for all persons.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, notwithstanding the applicant's status as a vexatious litigant and the restrictions imposed by previous court orders, the applicant is entitled to access to justice as guaranteed by Article 48 of the Constitution. The court was satisfied that granting leave to file only one further application would not prejudice the respondent and would comply with the requirements set out in the prior orders. The court emphasized that its role at this stage was limited to determining whether leave should be granted, not the merits of any substantive application. Accordingly, the applicant was granted leave to file one application, with all previous restrictions remaining in force and no further applications to be filed without leave of court.
Obiter and limits
- The court does not see any prejudice that the respondent will suffer in the event that the applicant is granted permission to file an application as sought.
- This court is strictly limited to the question of whether or not the applicant should be granted permission to file further application.
Court disposition
leave granted to applicant to file one application; prior restrictions remain; costs in the cause
- The applicant is granted leave to file one application as per the application dated 29th February 2024.
- The order dated 26th July 2021 restraining the applicant from instituting further judicial review proceedings without leave remains in force.
- No other applications shall be filed by the applicant without the leave of the court.
- Costs shall be in the cause.
Source and reliance status
High Court
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Judgment text
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High Court
Judgment
Ochieng v Principal Secretary, State Department for Basic Education (Judicial Review 414 of 2014) [2025] KEHC 10441 (KLR) (Judicial Review) (14 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10441 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review 414 of 2014
JM Chigiti, J
July 14, 2025
Between
Meshack Ochieng
Applicant
and
Principal Secretary, State Department For Basic Education
Respondent
Ruling
1. The application before this court is the one dated 29th February, 2024 where in the applicant is seeking the following orders:i.That the application be certified as urgent with leave of the court issued on 28th February 2024. ii.That seeking to obtain leave of the court in compliance with the ruling of Justice Ngaah on 26th July 2021 to convert it into judgment.iii.That no orders to cost.
2. On this date, Justice Ngaah directed as follows:
3. In opposing the Application, it is the Respondents case that;a.That in a Ruling delivered on the 20th May 2019 by Hon. Justice M. W. Muigai in Nairobi High Court Commercial & Tax Division Miscellaneous Application No. 167 of 2018 the Exparte’ Applicant was held to be a vexatious litigant. Consequently, the Exparte’ Applicant is barred from filing or instituting a suit without leave of court.b.That the Pleadings dated 7th October 2024 under Certificate of Urgency filed on 18th October 2024 have been filed without the requisite leave of court.c.That where an application for leave has been filed by a vexatious litigant, the Court or the Judge must be satisfied that the suit is not an abuse of the process of the court and that there is a prima facie ground for the suit prior to granting leave of court.d.That the Exparte’ Applicant has failed to demonstrate to this court that its Pleadings dated 7th October 2024 are not an abuse of the process of the court and that there is a prima facie ground for a suit against the Respondents.e.That the Certificate of Urgency filed on 18th October 2024 was filed without an application and supporting affidavit and so there is no proper application before court for hearing and determination.f.That the pleadings dated 7th October 2024 under Certificate of Urgency filed on 18th October 2024 has no merit and it is therefore an abuse of the due process of this court.g.That the pleadings dated 7th October 2024 under Certificate of Urgency filed on 18th October 2024 does not disclose any reasonable cause of action against the Respondent.
4. This court has looked at the rival submissions by the respondent and the applicant.
5. This court is strictly limited to the question of whether or not the applicant should be granted permission to file further application. The court will not delve into the merits or otherwise of the applicant’s case.
6. On 26. 7.21, the court ordered;i.The Exparte Applicant is hereby restrained from instituting any further judicial review proceedings on the enforcement of the judgment in High Court Civil Application No. 445 of 2013 - Mecko Enterprises vs. the Permanent Secretary Ministry of Education, without leave of the Court.ii.The Deputy Registrar of the Judicial Review Division of the High Court at Nairobi shall forward a copy of this ruling to the Presiding Judge of the Commercial and Admiralty Division of the High Court at Nairobi for noting and any further action that may be necessary.
7. I am satisfied that the applicant is entitled to an order granting him leave to file only one application.
8. This is informed by the provision of Article 48 which guarantee access to justice.
9. The court does not see any prejudice that the respondent will suffer in the event that the applicant is granted permission to file an application as sought.Order;1. The applicant dated 29. 2.24 is granted leave to file one Application.2. The order dated 29. 7.21 shall remain in force.3. No other applications shall be filed by the Applicant without the leave of the court.4. The cost shall be in the cause.It is so ordered.
Dated, signed and delivered at Nairobi this 14th day of July, 2025………………………………………….J. CHIGITI (SC)JUDGE
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