[2015] KEELRC 1504 (KLR)
The court found that the applicant's motion dated 16th September, 2014 was unintelligible and failed to disclose any proper or justiciable cause for the court to grant orders. The court noted the applicant's previous misconduct in misleading the court and attempting to subvert the administration of justice, as...
Source-derived case information.
- Citation
- [2015] KEELRC 1504 (KLR)
- Parties
- Applicant: Peter Kimilu; Applicant: Kennedy Ogendi; Respondent: Kenya Petroleum Oil Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 69 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Application
- Outcome
- application struck out as frivolous and an abuse of court process, with costs to the respondent
- Judges
- DI Wasike
- Legal Topics
- Frivolous Applications, Abuse of Court Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kimilu
Applicant
Kennedy Ogendi
Applicant
Kenya Petroleum Oil Workers Union
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the applicant's motion dated 16th September, 2014 discloses any intelligible or justiciable cause for the court to grant orders.
- 2 Whether the application constitutes an abuse of the court process and should be struck out with costs.
Ratio Decidendi
The court found that the applicant's motion dated 16th September, 2014 was unintelligible and failed to disclose any proper or justiciable cause for the court to grant orders. The court noted the applicant's previous misconduct in misleading the court and attempting to subvert the administration of justice, as previously found by Justice Rika. The court held that patience for unrepresented litigants has limits and does not extend to tolerating abuse of court process. The application was declared frivolous and an abuse of process, and was struck out with costs to the respondent, payable by the applicant before any further applications would be entertained.
Court Disposition
application struck out as frivolous and an abuse of court process, with costs to the respondent
Orders
- The application dated 16th September, 2014 is struck out as frivolous and an abuse of the court process.
- Costs awarded to the respondent, payable by the applicant before any further applications in this matter can be entertained.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT NAIROBI
CAUSE NUMBER 69 OF 2012
PETER KIMILU ………………………………………………............1ST CLAIMANT
KENNEDY OGENDI…………………………………………..............2ND CLAIMANT
VERSUS
KENYA PETROLEUM OIL WORKERS UNION…………..................RESPONDENT
RULING
1. The Court has painstakingly reviewed and attempted to understand the nature and purport of the orders sought in the motion dated 16th September, 2014 without success.
2. My brother Justice Rika heard this suit and delivered a judgment on 17th May, 2013. The Respondent duly complied with the Court’s Order and remitted the decretal sum within 30 days as directed by the Court.
3. In a strange twist of events the applicant herein misled the Court in issuing of warrants of attachment which culminated in an application dated 6th August, 2013 by the Respondent seeking a stay of execution and setting aside the said warrants of attachment.
4. Justice Rika in his ruling delivered on 31st March, 2014 did not have very kind words for the applicant herein whose actions the learned Judge found unsettling. The learned Judge was of the view that (I quote) “the applicant’s actions were unacceptable and scintillated utter revulsion. They were a subversion of fair administration of justice ….and contrary to law.”
5. Here I am again confronted with an unintelligle application by the selfsame applicant requiring me as a Judge to make sense of and eventually make orders presumably sought therein.
6. Whereas as a Judge, I am required to exercise the patience of a cat especially in cases where litigants are unrepresented but that patience too has its limits and boundaries. It does not admit of a party hiding behind lack of legal representation to bombard the Court with frivolous applications.
7. I have seen the replying submissions together with authorities filed by Mr. Onyony for the Respondents. They look quite sound and I commend him for that but I will not consider them vis-à-vis this application for to do so would amount to what one of my good friend once described as responding to a mosquito bite with a hammer. I say no more.
8. This application is declared frivolous and an abuse of the Court process and is hereby struck with costs to the Respondent which shall be paid by the applicant before any further applications in respect of this matter can be entertained from him.
9. It is so ordered.
Dated at Nairobi this 14th day of January 2015
Abuodha J. N.
Judge
Delivered this 14th day of January 2015
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge