[2019] KEHC 4638 (KLR)
The court determined that the issues raised in this petition were similar to those already adjudicated in Bungoma Constitutional Petition No. 1 of 2019. To avoid duplication and in line with the doctrine of res judicata, the court marked the file as closed, effectively disposing of the matter without proceeding to a...
Source-derived case information.
- Citation
- [2019] KEHC 4638 (KLR)
- Parties
- Applicant: Peter Marango Mwibanda; Respondent: Governor County of Government Bungoma; Respondent: Clerk – Bungoma County Assembly; Respondent: Secretary – County Government of Bungoma; Respondent: CEC Members, Urban/Physical Planning & Housing
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 17 of 2018
- Procedural Posture
- Constitutional Petition / Ruling
- Outcome
- petition closed as issues already determined in previous petition
- Judges
- SN Riechi
- Legal Topics
- Petition Closure, Res Judicata, Similar Issues, Judicial Economy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Marango Mwibanda
Applicant
Governor County of Government Bungoma
Respondent
Clerk – Bungoma County Assembly
Respondent
Secretary – County Government of Bungoma
Respondent
CEC Members, Urban/Physical Planning & Housing
Respondent
Procedural Posture
Constitutional Petition / Ruling
Legal Issues
- 1 Whether the issues in this petition are similar to those in Bungoma Constitutional Petition No. 1 of 2019.
- 2 Whether the current petition should proceed or be closed due to duplication of issues.
Ratio Decidendi
The court determined that the issues raised in this petition were similar to those already adjudicated in Bungoma Constitutional Petition No. 1 of 2019. To avoid duplication and in line with the doctrine of res judicata, the court marked the file as closed, effectively disposing of the matter without proceeding to a substantive hearing or determination on the merits.
Court Disposition
petition closed as issues already determined in previous petition
Orders
- This file is marked as closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
CONSTITUTIONAL PETITION NO. 17 OF 2018.
PETER MARANGO MWIBANDA.......................................................................PETITIONER
VERSUS.
GOVERNOR COUNTY OF GOVERNMENT BUNGOMA.....................1ST RESPONDENT
CLERK – BUNGOMA COUNTY ASSEMBLY.........................................2ND RESPONDENT
SECRETARY – COUNTY GOVERNMENT OF BUNGOMA................3RD RESPONDENT
CEC MEMBERS, URBAN/PHYSICAL PLANNING & HOUSING......4TH RESPONDENT
RULING.
While perusing this file to prepare a ruling, I noticed that the issues in this Petition were similar to those in Bungoma Constitutional Petition No. 1 of 2019 where Judgment was delivered on 2. 7.2019. This file is therefore marked as closed.
Dated and Signed at Bungoma this 23rd day of July, 2019.
S.N. RIECHI
JUDGE