[2020] KEHC 632 (KLR)
The court found that the applicant had filed two identical judicial review applications against the same respondents, based on the same grounds and facts, seeking the same relief. This conduct amounted to an abuse of the process of the court. The court exercised its discretion to strike out the instant application,...
Source-derived case information.
- Citation
- [2020] KEHC 632 (KLR)
- Parties
- Applicant: Symon Thuo Gachahi Muhia; Respondent: Director of Public Prosecution; Respondent: Inspector General of Police; Respondent: Sub County Criminal Investigation Officer SCCIO Kayole; Respondent: Directorate of Criminal Investigation Officer DCIO Kayole Police Station; Respondent: Officer Commanding Station Kayole Police; Respondent: Chief Magistrates Court Makadara Law Courts
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E053 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Leave Application and Abuse of Process
- Outcome
- application struck out as abuse of process
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Abuse of Process, Certiorari, Prohibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Symon Thuo Gachahi Muhia
Applicant
Director of Public Prosecution
Respondent
Inspector General of Police
Respondent
Sub County Criminal Investigation Officer SCCIO Kayole
Respondent
Directorate of Criminal Investigation Officer DCIO Kayole Police Station
Respondent
Officer Commanding Station Kayole Police
Respondent
Chief Magistrates Court Makadara Law Courts
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Leave Application and Abuse of Process
Legal Issues
- 1 Whether the filing of two identical judicial review applications on the same grounds and facts constitutes an abuse of the court process.
- 2 Whether the applicant is entitled to leave to apply for orders of certiorari and prohibition against the intended criminal proceedings.
Ratio Decidendi
The court found that the applicant had filed two identical judicial review applications against the same respondents, based on the same grounds and facts, seeking the same relief. This conduct amounted to an abuse of the process of the court. The court exercised its discretion to strike out the instant application, holding that the judicial process should not be used to pursue duplicative or vexatious litigation. The court made no order as to costs, considering the circumstances.
Court Disposition
application struck out as abuse of process
Orders
- The application is struck out as an abuse of the process of court.
- No order as to costs.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. E053 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
REPUBLIC ...............................................................................APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTION...........1ST RESPONDENT
THE INSPECTOR GENERAL OF POLICE..................2ND RESPONDENT
SUB COUNTY CRIMINAL INVESTIGATION
OFFICER SCCIO KAYOLE........................................3RD RESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATION
OFFICERDCIO KAYOLE POLICE STATION...........4TH RESPONDENT
THE OFFICER COMMANDING STATION
KAYOLE POLICE........................................................5TH RESPONDENT
THE CHIEF MAGISTRATES COURT
MAKADARA LAW COURTS......................................6TH RESPONDENT
EX-PARTE APPLICANT:..................SYMON THUO GACHAHI MUHIA
RULING
1. The ex parte Applicant herein, Symon Thuo Gachahi Muhia, has filed an application herein by way of a Chamber Summons dated 27th October 2020 , seeking the following orders:
1That the matter be certified urgent.
2That the leave be granted for the applicant to apply for:
a)An order of judicial review of certiorari to remove into this court and quash as against the applicant herein the charges dated Wednesday 28th October 2020 intending to charge the applicant with the offence of obtaining money by false pretence contrary to section 313 of the Penal Code cap 63 laws of Kenya, in the Chief Magistrates Court Makadara.
b)An order of Judicial Review of Prohibition directed towards the respondent prohibiting them from illegally and unprocedurally prosecuting or continuing with the criminal proceedings against the applicant in the chief magistrates court at Makadara or any other criminal court.
3That the leave so granted to operate as a stay of the proceedings, against the applicant herein, pending before the chief magistrate court Makadara.
4That the cost of the application be provided for.
2. The said ex parte Applicant has filed another Chamber Summons application also dated 27th October 2020 in Nairobi H.C JR Application 1122 of 2020, seeking the same orders against the same Respondents based on the same grounds and facts, and on which this Court has given a ruling.
3. The instant application is accordingly in abuse of the process of Court and is accordingly struck out with no order as to costs.
4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Thursday, 29th October 2020.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 28th DAY OF OCTOBER 2020
P. NYAMWEYA
JUDGE