' The Petitioners have a Petition dated 02/12/2025 which while on the face of it is a Petition, it is in substance an interlocutory application seeking interim relief. The same has also been filed as a substantive Petition in this matter.
The Petitioners have disclosed the existence and pendency of Milimani HCCOMMMISC/E853/2025 . Their prayers for interim relief are predicated on the allegation that the Respondents are retaliating against the Petitioners for having filed that matter.
I note that in Milimani HCCOMMMISC/E853/2025 the Petitioners herein, through the same Counsel and Law Firm that is acting for them in the present Petition, filed a Notice of Motion Application dated 21/11/2025 under Certificate of Urgency in the Milimani Commercial and Tax Division seeking essentially the same interim relief that the seek in the Milimani Constitutional and Human Rights Division and these proceedings.
I further note that My Sister, the Hon. Lady Justice Dr. Githiru Freda Mugamb i, on 24/11/2025 certified that Application as urgent, and issued further directions on 26/11/2025 which set a date for highlighting of written submissions on 17/12/2025.
The Petitioners before this Court, while they must be credited for disclosing the existence of the Milimani HCCOMMMISC/E853/2025 , cannot be permitted to pursue the same interim and final reliefs in two different Divisions of the High Court. In terms of final prayers, Prayer 4 of the CHR Petition dated 02/12/2025 is in substance the same as Payer F in the Notice of Motion dated 21/11/2025 filed in Milimani HCCOMMMISC/E853/2025.
There is essentially nothing new or separate for the Milimani Constitutional and Human Rights Division to hear and determine that is not before the Milimani Commercial and Tax Division for hearing and determination.
The allegations of retaliation are not a sufficient basis for a standalone new action in another Division of the High Court. The Milimani Commercial and Tax Division is best place to address that allegation and to determine whether the same is true; and if so, what consequences should follow, if any.
Consequently, the Petition dated 02/12/2025 be and is hereby struck-out for being sub judice and an abuse of the court process. There shall be no costs.
Orders accordingly, file closed accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS FIFTH DAY OF DECEMBER IN THE YEAR 2025.
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The Petitioners have disclosed the existence and pendency of Milimani HCCOMMMISC/E853/2025 . Their prayers for interim relief are predicated on the allegation that the Respondents are retaliating against the Petitioners for having filed that matter.
I note that in Milimani HCCOMMMISC/E853/2025 the Petitioners herein, through the same Counsel and Law Firm that is acting for them in the present Petition, filed a Notice of Motion Application dated 21/11/2025 under Certificate of Urgency in the Milimani Commercial and Tax Division seeking essentially the same interim relief that the seek in the Milimani Constitutional and Human Rights Division and these proceedings.
I further note that My Sister, the Hon. Lady Justice Dr. Githiru Freda Mugamb i, on 24/11/2025 certified that Application as urgent, and issued further directions on 26/11/2025 which set a date for highlighting of written submissions on 17/12/2025.
The Petitioners before this Court, while they must be credited for disclosing the existence of the Milimani HCCOMMMISC/E853/2025 , cannot be permitted to pursue the same interim and final reliefs in two different Divisions of the High Court. In terms of final prayers, Prayer 4 of the CHR Petition dated 02/12/2025 is in substance the same as Payer F in the Notice of Motion dated 21/11/2025 filed in Milimani HCCOMMMISC/E853/2025.
There is essentially nothing new or separate for the Milimani Constitutional and Human Rights Division to hear and determine that is not before the Milimani Commercial and Tax Division for hearing and determination.
The allegations of retaliation are not a sufficient basis for a standalone new action in another Division of the High Court. The Milimani Commercial and Tax Division is best place to address that allegation and to determine whether the same is true; and if so, what consequences should follow, if any.
Consequently, the Petition dated 02/12/2025 be and is hereby struck-out for being sub judice and an abuse of the court process. There shall be no costs.
Orders accordingly, file closed accordingly.
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS FIFTH DAY OF DECEMBER IN THE YEAR 2025.
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