1. The applicant through the firm of Cheruiyot Melly and Associates Advocates, originated an application by way of a Notice of Motion dated 23rd September 2025 for principally, that this Honourable Court be pleased to issue orders transferring Chief Magistrate’s Court kapsabet Land Case No. E069 of 2022 (OS) from the Magistrate’s Court at Kapsabet to this Honourable court to allow fair, just, equitable and expeditious disposition of the cause.
2. The attention of this court has been drawn to another matter namely Kapsabet ELCLMISC No. E001 of 2026 involving some of the parties, the same subject matter and was determined by a ruling of this Honourable Court on 19th March 2026.
3. So, is there merit in the application?
4. In the case of Kiura Kithiuru vs Charles Muriuki Muchira {2006} KEHC 216 (KLR), Khamoni J observed that the applicant had instituted a parallel suit on the same subject matter. Thus, the application failed and the same was dismissed with costs to the respondent.
5. Moreover, in Leitich vs Mwangi {2025} KECA 1279 (KLR), the Court of Appeal noted that in a matter where a party is involved in some gamble, a game of chance, the same amounts to an abuse of the process of the court thus, the Court remarked;
‘…….The multiplicity of actions in the same matter between the same parties even where there exists a right to bring an action is regarded as an abuse of the court process. The abuse is in the multiplicity and manner of the exercise of the right………….’
6. In the foregone, I find the application an abuse of the court process and must fail.
7. Thus, the application dated 23rd September 2025, be and is hereby dismissed with no orders as to costs being guided by Jasbir Singh Rai and 3 others vs Tarlochan Rai and 4 others (2014) eKLR.
8. The instant case is closed accordingly.
9. It is so ordered.
DATED and DELIVERED VIRTUALLY this 5TH day of AUGUST, 2026.
G M A ONGONDO
JUDGE
2. The attention of this court has been drawn to another matter namely Kapsabet ELCLMISC No. E001 of 2026 involving some of the parties, the same subject matter and was determined by a ruling of this Honourable Court on 19th March 2026.
3. So, is there merit in the application?
4. In the case of Kiura Kithiuru vs Charles Muriuki Muchira {2006} KEHC 216 (KLR), Khamoni J observed that the applicant had instituted a parallel suit on the same subject matter. Thus, the application failed and the same was dismissed with costs to the respondent.
5. Moreover, in Leitich vs Mwangi {2025} KECA 1279 (KLR), the Court of Appeal noted that in a matter where a party is involved in some gamble, a game of chance, the same amounts to an abuse of the process of the court thus, the Court remarked;
‘…….The multiplicity of actions in the same matter between the same parties even where there exists a right to bring an action is regarded as an abuse of the court process. The abuse is in the multiplicity and manner of the exercise of the right………….’
6. In the foregone, I find the application an abuse of the court process and must fail.
7. Thus, the application dated 23rd September 2025, be and is hereby dismissed with no orders as to costs being guided by Jasbir Singh Rai and 3 others vs Tarlochan Rai and 4 others (2014) eKLR.
8. The instant case is closed accordingly.
9. It is so ordered.
DATED and DELIVERED VIRTUALLY this 5TH day of AUGUST, 2026.
G M A ONGONDO
JUDGE