[2023] KEHC 384 (KLR)
The court determined that, due to the pending applications—one seeking to strike out the petition on grounds of res judicata and another seeking interim conservatory reliefs—it was necessary to peruse the original court file from the earlier civil case to properly address the issues. Additionally, since the...
Source-derived case information.
- Citation
- [2023] KEHC 384 (KLR)
- Parties
- Applicant: Tobias Ongany Ouma & others; Respondent: Kenya Airways Corporation & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E035 of 2021
- Procedural Posture
- Constitutional Petition / Order on Interlocutory Applications and Judicial Recusal
- Outcome
- Judge recused; matter to be placed before Presiding Judge; original file to be availed.
- Judges
- AC Mrima
- Legal Topics
- Res Judicata, Judicial Recusal, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobias Ongany Ouma & others
Applicant
Kenya Airways Corporation & Others
Respondent
Procedural Posture
Constitutional Petition / Order on Interlocutory Applications and Judicial Recusal
Legal Issues
- 1 Whether the petition should be struck out on the basis of res judicata.
- 2 Whether interim conservatory reliefs should be granted pending determination of the petition.
- 3 Whether the judge should recuse himself from further proceedings.
Ratio Decidendi
The court determined that, due to the pending applications—one seeking to strike out the petition on grounds of res judicata and another seeking interim conservatory reliefs—it was necessary to peruse the original court file from the earlier civil case to properly address the issues. Additionally, since the presiding judge had been transferred from the division, he recused himself from further proceedings, directing that the matter be placed before the Presiding Judge for further action.
Court Disposition
Judge recused; matter to be placed before Presiding Judge; original file to be availed.
Orders
- The Hon. Deputy Registrar shall avail the original court file in High Court of Kenya at Nairobi Civil Case No. 4334 of 1992 for perusal.
- This matter shall be placed before the Presiding Judge for further proceedings.
Full Case Text
Judgment text and source record
21 paragraphs
Ouma & others v Kenya Airways Corporation & others (Constitutional Petition E035 of 2021) [2023] KEHC 384 (KLR) (Constitutional and Human Rights) (31 January 2023) (Order)
Neutral citation: [2023] KEHC 384 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Constitutional Petition E035 of 2021
AC Mrima, J
January 31, 2023
Between
Tobias Ongany Ouma & others
Petitioner
and
Kenya Airways Corporation & Others
Respondent
Order
1. This matter is pending a consolidated ruling on two applications. One of them is the Notice of Motion dated March 9, 2021 by the 1st respondent seeking to strike out the Petition and the other is a Notice of Motion dated February 18, 2021 for interim conservatory reliefs filed by the petitioners.
2. I have carefully considered the applications alongside the respective parties’ submissions. Given the nature of the applications especially the one seeking to strike out the Petition on the basis of the doctrine of res judicata and the issues raised in the Petition, it is imperative that the original Court file in High Court of Kenya at Nairobi Civil Case No. 4334 of 1992 be availed for perusal by the Court.
3. Since I was transferred from the Division, I hereby recuse myself from this matter and further proceedings herein shall be undertaken on the directions of the Presiding Judge of the Division.
4. As such, the following orders hereby issue: -a.The Hon. Deputy Registrar shall avail the original court file in High Court of Kenya at Nairobi Civil Case No. 4334 of 1992 for perusal.b.This matter shall be placed before the Presiding Judge for further proceedings.
Orders accordingly.
DELIVERED, DATED and SIGNED at KITALE this31st day ofJanuary, 2023. A. C. MRIMAJUDGE