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: Environment and Land CourtJudicial Review
…The application is opposed by the interested parties, through the interested parties’ replying affidavit sworn on 24th June, 2025 on the grounds that it is fatally defective, bad in law, an abuse of court process and misconceived…
…In a rejoinder, the applicants filed a supplementary affidavit, sworn on 11th July 2025 in which they have deponed that their application is grounded in law hence neither defective nor an abuse of the court process; that…
Division and case type: Employment and Labour Relations CourtJudicial Review
…(iii) The present proceedings are therefore an abuse of the court process and should either be struck out and/or dismissed with costs. 13.…
…The 4th Respondent took objection on three fronts, res judicata, sub judice and abuse of court process. 20.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The ex-parte applicants are not only culpable for material non-disclosure but were in abuse of the court process, if not on a trip to forum shop. Competence of the Motion 64.…
…The failure to disclose the myriad proceedings amounted to abuse of the court process and forum shopping. 113.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…That the misjoinder rendered the instant application incompetent, fatally defective, abuse of court process, and was premature and vexatious and the Applicant ought to be held liable for costs.…
…On abuse of court process, reliance was placed on the sentiments of the court in Muchanga Investments Ltd V Safaris Unlimited (Africa) Ltd [2009] eKLR to urge that the applicant had not lodged any complaint with the respondents…
Division and case type: Employment and Labour Relations CourtJudicial Review
…That the misjoinder rendered the instant application incompetent, fatally defective, abuse of court process, and was premature and vexatious and the Applicant ought to be held liable for costs.…
…On abuse of court process, reliance was placed on the sentiments of the court in Muchanga Investments Ltd V Safaris Unlimited (Africa) Ltd [2009] eKLR to urge that the applicant had not lodged any complaint with the respondents…
Division and case type: Environment and Land CourtJudicial Review
…This application lacks merit and should be dismissed as an abuse of court process and wastage of state resources.…
…The Applicant is now proven vexatious and frivolous Litigant abuser of court process and should be declared so.…
Division and case type: Environment and Land CourtJudicial Review
…I have considered the application and do find the same has been filed timeously however, the same is an abuse of court process because Lucy Wanjiru Njoka, being one of the appellants and the exparte applicant cannot make…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The 2nd respondent’s case on the other hand is that the Application is an afterthought, incompetent, lacking in substance, unnecessary, scandalous, defective, bad in law and an abuse of court process.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…the Constitution, Section 77 of the County Government Act and Section 87 of the Public Service Commission Act. 5) The entire suit is bad in law, incompetent, frivolous & vexatious, and the same is otherwise an abuse of court…
…process.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Counsel urged the court to strike out the application for being incompetent and an abuse of the court process. That costs should be borne by the applicant.…
…equally important reasons for which leave is required and to which I have adverted in this ruling, the need for leave to sift out cases of this category of persons, if not for anything else, to protect the integrity of court…
Division and case type: Environment and Land CourtJudicial Review
…Applicant, who was the interested party in the main suit, filed a preliminary objection dated 30/1/2020 on grounds that the substantive Judicial Review Notice of Motion dated 16/12/2019 was res judicata and an abuse of the court…
…process.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The entire judicial review application is bad in law, incompetent, frivolous and vexatious, and the same is otherwise in abuse of court process. The judicial review application ought to be dismissed with costs.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…That these proceedings were an abuse of the court process. Analysis I have considered the Chamber Summons application, responses by the respondents and the applicant’s submissions.…
Division and case type: Environment and Land CourtJudicial Review
…The present JR did not meet the laid down threshold for Judicial Review jurisdiction and is otherwise an abuse of the court process. iii. …
…process. ii) The 5th and 6th Respondents did plead that the Letter of Allotment issued in favour of the Ex-parte Applicant over the suit property had been procured through deceit, fraud, forgery and misrepresentation.…
Division and case type: Environment and Land CourtJudicial Review
…should have perused the court record and noted that similar applications had been dismissed on 17th October, 2022, 25th September, 2023 and 5th March, 2024; that this application is res judicata and a clear abuse of the court…
…process and the justice system; that the counsel and applicants’ actions need to be refrained from misuse of the justice system and a freezing order issued barring the applicants from filing any such further applications…
Division and case type: Environment and Land CourtJudicial Review
…That this entire suit is otherwise an abuse of this honourable court’s process. iv) That the 2nd interested party also filed grounds of opposition dated 13th October, 2023 advancing similar arguments concerning the capacity…
…processes at the same time by having one leg at the Court of Appeal and another leg at the Environment and Land Court in a sense to “approbate and reprobate” at the same time; that this is not allowed in law therefore the…
Division and case type: Environment and Land CourtJudicial Review
…That the application lacks merit and is an abuse of the court process; 2.…
Division and case type: Judicial Review and Labour Rights DivisionJudicial Review
…THAT public interest favours preserving the authority, dignity and efficacy of the Court's adjudicative process rather than permitting implementation of a disputed administrative decision whose legality is awaiting judicial…
…The first respondent informed the court that the process before the PSC was aborted, and they proceeded with the merit-based recruitment of Prof.…