- The Court has noted that the present Notice of Motion Application has been filed by Petitioners of which the 2nd Petitioner herein is the 1st Petitioner in an identical matter being HCCHRPET/E686/2024 concerning the same subject matter. The Court has also noted that the Petition dated 11/12/2024 in HCCHRPET/E686/2024 is almost entirely word-for-word identical to the Petition dated 02/01/2025 in the present matter as is the Application dated 11/12/2024 in that other matter when compared with the present Notice of Motion Application dated 02/01/2025.
- In HCCHRPET/E686/2024, the 2nd Petitioner herein who is the 1st Petitioner therein was unsuccessful in seeking ex parte interlocutory conservatory orders in two Applications dated 11/12/2024 and 16/12/2024 respectively. Vide Directions dated 13/12/2024 and a Ruling dated 18/12/2024 this Court reiterated that the matters at issue in the interlocutory stage would be canvassed inter partes, and a mention dated of 10/02/2025 was fixed to confirm compliance with directions on filing of responses and rejoinders and to take further directions on hearing of the Application and/or the Petition.
- Having found that there has been a potential attempt at abuse of the court process by the 2nd Petitioner herein, this Court orders that the HCCHRPET/E686/2024 and HCCHRPET/E003/2025 shall both come up for Notice to Show Cause on 10/02/2025 at which appearance the Petitioners shall be present and shall explain the reason for filing two identical Petitions and Applications.
- With respect to the Notice of Motion Application dated 02/01/2025 in this file, HCCHRPET/E003/2025, the same is summarily dismissed for being sub-judice with no orders as to costs.
- Mention of the Petition dated 02/01/2025 on 10/02/2025 together with HCCHRPET/E686/2024. Both files to be listed for Notice to Show Cause, and Notices in both files to issue and be placed in the respective Court files.
- Registry to take the necessary actions.
JudgmentTHE BOARD OF MANAGEMENT,GATOTO COMMUNITY PRIMARY SCHOOL(NON-PROFIF COMMUNITY BASED APBET PRIMARY SCHOOL) AND BONFACE VS MARY KIMEU SUBCOUNTY EDUCATION OFFICER EMBAKASI AND COUNTY EDUCATION BOARD NAIROBI COUNTY AND 1 Others1 min read
THE BOARD OF MANAGEMENT,GATOTO COMMUNITY PRIMARY SCHOOL(NON-PROFIF COMMUNITY BASED APBET PRIMARY SCHOOL) AND BONFACE VS MARY KIMEU SUBCOUNTY EDUCATION OFFICER EMBAKASI AND COUNTY EDUCATION BOARD NAIROBI COUNTY AND 1 Others
High Court at Milimani High Court · · Bahati Mwamuye MBS
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- Bahati Mwamuye MBS
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