[2016] KEHC 499 (KLR)
The court found that the application filed on 8/12/2016 raised the same issues and sought the same orders as those previously determined in High Court Miscellaneous Criminal Application No. 7 of 2014. The court had already declined similar prayers in its ruling delivered on 19th December 2014 after hearing both...
Source-derived case information.
- Citation
- [2016] KEHC 499 (KLR)
- Parties
- Applicant: Simon Kamangara Wanuthia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 21 of 2016
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Objection/res Judicata
- Outcome
- application struck out as res judicata
- Judges
- CW Meoli
- Legal Topics
- Res Judicata, Criminal Prosecution, Bond Cancellation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kamangara Wanuthia
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objection/res Judicata
Legal Issues
- 1 Whether the application filed on 8/12/2016 is barred by the doctrine of res judicata.
- 2 Whether the applicant is entitled to bring a fresh application seeking orders previously declined by the court.
Ratio Decidendi
The court found that the application filed on 8/12/2016 raised the same issues and sought the same orders as those previously determined in High Court Miscellaneous Criminal Application No. 7 of 2014. The court had already declined similar prayers in its ruling delivered on 19th December 2014 after hearing both parties. The fact that Civil Suit No. 985 of 2012 had terminated in the applicant's favour did not alter the fact that the issues in the current application had already been conclusively determined. Accordingly, the application was held to be res judicata and was struck out in limine.
Court Disposition
application struck out as res judicata
Orders
- The application filed on 8th December 2016 is struck out in limine as res judicata.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
MISCELLANEOUS CRIMINAL APPLICATION NO. 21 OF 2016
SIMON KAMANGARA WANUTHIA…………………………………………….APPLICANT
-VERSUS-
REPUBLIC……………………………………………………………………RESPONDENT
13/12/2016
Before Lady Justice C. Meoli, J
O R D E R
1. Application filed on 15/11/2016 should be canvassed before the lower court, or the Applicant appeals against the lower court order that cancelled his bond.
2. On Application filed on 8/12/2016, let the Deputy Registrar place before me the file in Miscellaneous Criminal Application No. 7 of 2014 where ruling was delivered by this court in 2014.
C. MEOLI
JUDGE
13/12/2016
LATER
Before Lady Justice C. Meoli, J
COURT
1. I have now perused the file in High Court Miscellaneous Criminal Application No. 7 of 2014. By an application filed on 9/10/2014 the Applicant herein had canvassed inter alia a prayer to prohibit his prosecution in respect of Naivasha Criminal Case No. 2889 of 2013 and Criminal Case No. 57 of 2014as consolidated in the latter file. This court having heard arguments by the Applicant and the DPP delivered a considered ruling on 19th December 2014 declining the application.
2. It is therefore not open for the Applicant to bring another similar application as he has done vide the application filed on 8/12/2016 and raising the same matters and seeking the same orders as previously canvassed before this court.
3. It makes no difference that the Civil Suit No. 985 of 2012 has terminated in the Applicant’s favour. The Application filed on 8th December 2016 is res judicata the previous application in High Court Miscellaneous Application No. 7 of 2014 and is accordingly struck out in limine.
C. MEOLI
JUDGE
13/12/2016