1. This court has been made aware of Aburili J’s judgment that was rendered in HC Misc. No. E163 of 2021 Hon. AG v David Oscar Owako & Others in which the court issued inter alia, the following order:
“That the Respondent herein David Oscar Owako is hereby restrained from instituting in court and or continuing any proceedings already instituted, without leave of the court.”
2. Admittedly, Aburili J’s judgment was not appealed and/or reviewed or varied in any way.
3. The judgment and orders ensuing therefrom are by a court of concurrent jurisdiction and this court cannot act in any manner inconsistent with the same.
4. Thus then, I am bound to comply with the said order in as long as it stands unchallenged.
5. In line with the said order and noting that the matter herein was filed by the Respondent in the matter before Aburili J, I direct and order that this file be closed, for now.
6. The Plaintiff and indeed the other parties shall be at liberty to file. As the Plaintiff has indicated his intention to seek leave to proceed with this matter, he is directed to move the court by filing a formal application.
DELIVERED, SIGNED and DATED this 31st day of July, 2025.
JOE M. OMIDO
JUDGE
Mr. Kihara for the Plaintiff.
Mr. Otieno for the 1st & 3rd Defendants.
Mr. Onsongo for the 2nd Defendant.
No appearance for the 4th to 8th Defendants.
“That the Respondent herein David Oscar Owako is hereby restrained from instituting in court and or continuing any proceedings already instituted, without leave of the court.”
2. Admittedly, Aburili J’s judgment was not appealed and/or reviewed or varied in any way.
3. The judgment and orders ensuing therefrom are by a court of concurrent jurisdiction and this court cannot act in any manner inconsistent with the same.
4. Thus then, I am bound to comply with the said order in as long as it stands unchallenged.
5. In line with the said order and noting that the matter herein was filed by the Respondent in the matter before Aburili J, I direct and order that this file be closed, for now.
6. The Plaintiff and indeed the other parties shall be at liberty to file. As the Plaintiff has indicated his intention to seek leave to proceed with this matter, he is directed to move the court by filing a formal application.
DELIVERED, SIGNED and DATED this 31st day of July, 2025.
JOE M. OMIDO
JUDGE
Mr. Kihara for the Plaintiff.
Mr. Otieno for the 1st & 3rd Defendants.
Mr. Onsongo for the 2nd Defendant.
No appearance for the 4th to 8th Defendants.