Before me is a miscellaneous application dated 13 August 2025 filed under certificate of urgency.
The substantive order sought is stay of execution of the judgment in Kisii MCELC No. E062 of 2023 delivered by the Chief Magistrates' Court at Kisii on 29 July 2025.
In my considered opinion, the miscellaneous application before me is a total abuse of the court process and is one to be struck out in limine, and this is why.
The same applicant herein filed a similar application before this court dated 11 August 2025 being Kisii ELCLMISC No. E019 of 2025. I gave directions on that application and it is coming up for inter partes hearing on 21 October 2025.
Filing a similar application, now through a different miscellaneous suit, while the previous application in a separate miscellaneous suit is still pending, is certainly abusing the court process. You cannot maintain two applications through two similar suits asking for the same orders.
For the above reasons, this miscellaneous application is hereby struck out with costs.
It is so ordered.
GIVEN UNDER MY HAND AND SEAL THIS 14 DAY OF AUGUST 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII