Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…THAT the Application dated 3rd February 2025 is an abuse of court process for lack of clarity as how the Applicant approaches the court.…
…THAT the application is a blatant abuse of the court process and should be dismissed with costs to the Respondents. 2.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…E044 of 2023 delivered on 6th March, 2024 settled all the issues raised and ELRC JR No. 032 of 2024 is RES JUDICATA and an abuse of the Court process and ought to be dismissed with costs.…
Division and case type: High Court CivilJudicial Review
…The law on service is about service of court processes, specifically court orders and decrees, and not letters forwarding the court processes.…
…in the law relating to service of court processes.…
Division and case type: High Court Judicial ReviewJudicial Review
…Such court instruments are served upon the concerned parties, through a court process server, either personally, or through substituted service.…
…Ideally, though, this being court process, the most ideal mode of service, of this all-important accounting document, must be by way of ordinary service of court process, through the modes provided for under the Civil Procedure…
Division and case type: High Court Judicial ReviewJudicial Review
…Such court instruments are served upon the concerned parties, through a court process server, either personally, or through substituted service, so that proof of service can be obtained.…
…However, other evidence, pointing to the said document or court process, that is the certificate of order against the Government, having been served on the relevant Government agent, for the purposes of these proceedings,…
Division and case type: High Court Judicial ReviewJudicial Review
…Reliance is placed in the case of Julius Meme Versus Republic And Another, (2004) Eklr, where it was held that an abuse of the Court process was defined to mean, "An abuse of the Court process would, in general, arise where…
…Process the Court will interfere and stop it.…
Division and case type: High Court Judicial ReviewJudicial Review
…I am unable to find the applicant to be seeking justice but that he is abusing court process and vexing the Court. 9.…
…process. 11.…
Division and case type: High Court Judicial ReviewJudicial Review
…There is potential abuse of court process, in seeking stay before the High Court, in judicial review proceedings, of implementation of decisions made by other courts.…
…The court ought not aid parties, in abusing the court process, by granting to them orders that are sought in obvious duplicitous proceedings.…
Division and case type: High Court Judicial ReviewJudicial Review
…There is potential abuse of court process, in seeking stay before the High Court, in judicial review proceedings, of implementation of decisions made by other courts.…
…The court ought not aid parties, in abusing the court process, by granting to them orders that are sought in obvious duplicitous proceedings.…
Division and case type: High Court Judicial ReviewJudicial Review
…Patrick Wanjuki, is misconstrued and constitutes an abuse of Court process. The Respondent’s Submissions; 3.…
…Patrick Wanjuki, is misconstrued and constitutes an abuse of Court process. 16. This matter concerns the Public Procurement Administrative Review Board (hereinafter PPARB). 17.…
Division and case type: High Court Judicial ReviewJudicial Review
…If ever one needs an example of abuse of court process, this is the classical case.” 37.…
…The situation that may give rise to an abuse of court process are indeed in exhaustive, it involves situations where the process of court has not been or resorted to fairly, properly, honestly to the detriment of the other…
Division and case type: High Court CriminalCriminal Appeal
…This amounts to abuse of court process and I thus hereby strike out the appeal herein on grounds of duplicating with HCR No. E057/2024. This file is marked as closed. Dated this 26th day of September 2024…
Division and case type: High Court Judicial ReviewJudicial Review
…to the Notice of Motion dated 4thSeptember 2025 on the following grounds inter alia: - 1) That the said Application is not only procedurally defective, frivolous, vexatious, misconceived, incompetent and an abuse of the court…
…Counsel further urged that the Application for Judicial Review in the nature of mandamus and certiorari is unmerited and amounts to an abuse of the court process taking into account the fact that the Applicant had failed…
Division and case type: High Court CriminalCriminal Appeal
…This conduct amounts to abuse of court process and I thus strike out the appeal herein on grounds of duplicating. This file is marked as closed. Dated at Kisumu this 26th day of September 2024…
Division and case type: High Court Judicial ReviewJudicial Review
…payment of its taxed costs is still being processed by the 2nd Respondent, who received the Certificate of costs barely two weeks before the instant Application was filed. 5) The Application is therefore an abuse of the court…
…substantial amount. 6) The Applicant has not satisfied the requisite conditions to warrant the granting of an Order of Mandamus. 7) The Application as filed and prayers sought therein are unmeritorious, an abuse of the Court…
Division and case type: High Court Judicial ReviewJudicial Review
…The application is equally an abuse of court process, to say the least. 58.…
…The Supreme Court in Kenya Section of the International Commission of Jurists v Attorney General and 2 others [2012] eKLR, described abuse of court process in the following terms: “The concept of “abuse of the process of…
Division and case type: High Court Judicial ReviewJudicial Review
…This constitutes material non-disclosure and amounts to an abuse of court process.…
…By bringing this fresh JR application raising the same issues, the ex-Applicants are, relitigating a concluded matter, forum shopping, and abusing court process. 23.…
Division and case type: High Court CriminalCriminal Appeal
…The respondent also submit that the application is an abuse of the court process, lacks merit, baseless and misconceived. Therefore, they pray that the application be dismissed.…
…Such an attempt does amount to an abuse of court process and this court will not contenance the same. DISPOSITION 9. On the balance the notice of motion dated 26.5.2023 is disallowed for want of merit. 10.…
Division and case type: High Court Judicial ReviewJudicial Review
…process, and will lead to a miscarriage of justice. 2.…
…The 1st Respondent's opposed the Application on the following grounds: 1) That the Application is misconceived, frivolous, premature, and an abuse of the process of the Court.…
Division and case type: High Court Judicial ReviewJudicial Review
…The application is an abuse of the court process and the same is hereby dismissed.…