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JudgmentREV. BRETHREN NEMWEL MOMANYI AND RISPER NYABONYI AND 18 Others VS CABINET SECRETARY MINISTRY OF INTERIO & CO -ORDINATION OF NATIONAL GOVERNMNET - DR. FRED MATIANGI AND PRINCIPAL SECRETARY MINISTRY OF INTERIOR - DR. KARANJA KIBICHU AND 1 Others2 min read

REV. BRETHREN NEMWEL MOMANYI AND RISPER NYABONYI AND 18 Others VS CABINET SECRETARY MINISTRY OF INTERIO & CO -ORDINATION OF NATIONAL GOVERNMNET - DR. FRED MATIANGI AND PRINCIPAL SECRETARY MINISTRY OF INTERIOR - DR. KARANJA KIBICHU AND 1 Others

High Court at Kisii High Court · · Odera Teresa Achieng


INTRODUCTION
1. The Petitioners herein filed  the application 13th December, 2024 basically seeking  interlocutory judgment against the respondents herein. The Petition herein which is formerly  Petition E141 of 2022 and consolidated with  Kisii Petition 1 of 2022 formerly Nairobi  Petition No. E167 of 2022 . Vide a judgment of this court delivered on 26th June, 2024 Hon . Lady Justice Patricia Gichohi struck out the consolidated petitions for want of Jurisdction and failure to mee the threshold of constitutional petitions ..

2. The Petitioners also claims Honourable Lady Justice Patricia Gichohi closed the files with malice and procedural technicalities wherein she ignored, overlooked, Honorable Justice Mrima's order regarding the Application which have never been varied, stayed, set aside or vacated/quashed as the law requires.

3. This court did direct that the Applications be served upon the respondents who despite being served did not enter Appearance. This court directed that the Application be disposed of by way of written submissions. The Petitioners did file their written submissions while the respondents did not file any. .

ANALYSIS AND DETERMINATION

4. I have considered the Applications the submissions and the record herein . . I have perused the record  herein and I not that Hon Justice Gichohi   disposed the Petitions vide a Judgment dated 26th June, 2024 delivered on 26th June, 2024 striking out the consolidated petitions for failing to meet the threshold of a constitutional Petitions that was set out in the Anarita Karimi Case. Interestingly the Petitioners were  dissatisfied  with the Judgment of the learned Judge filed a notice of Appeal dated 23rd July, 2024 before this court wherein they disclosed that they had filed an Appeal against the Judgement at the Supreme Court. They indeed in the Notice attached evidence that the said  appeal had been lodged and assigned SCAPP NO.E023/2024.

5. One wonders why the Petitioners who had decided to appeal against the Judgement of the court in the highest court of the land will show up in this court seeking the re-opening of the case . They have not disclosed the fate of the said appeal and they now seeking to prosecute an application in a closed file .

6. It is trite law the jurisdiction is everything and without it the court must pen down as was held in the celebrated by  Nyarangi, J.A. in The Owners of Motor Vessel Lilian “S” v. Caltex Oil Kenya Ltd. ]1989] KLR 1 . This court lacks jurisdiction to sit on appeal from a decision of a court of concurrent jurisdiction .  

7. The application dated 13.12.24  is  therefore incompetent , non starter , a waste of the precious judicial time and an abuse of the process of this court  and I proceed to strike it  out with  orders as to costs

T.A ODERA
JUDGE
6.5.25
Delivered Virtually Via Teams Platform of this 6th days of May 2025 in the presence of ;
Rev Bishop Brethren Nemwel Momanyi -on  behalf of Petitioners
N/A for respondents.
Court assistant- Oigo 

Details

Delivered
Court rank
High Court

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