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…open to controversy in the early suit (ie that the subject matter in dispute is the same), either actually or constructively; (b) that the same subject matter in dispute now came in question before a Court of competent jurisdiction…

…That is to say, there I showed the conditions of applying the doctrine of res judicata to be (a) Identity of the matter in issue; (b) Identity of the parties; (c) Sameness of title; (d) Concurrence of jurisdiction; (e) Finality…

…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…