Ongwenyi v Ethics and Anti-Corruption Commission & 7 others (Petition 51 of 2014) [2023] KEELRC 135 (KLR) (26 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 135
- Citation
- [2023] KEELRC 135 (KLR)
- Decided
- 26 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondent's Motion to Join PartiesCoramMN NDUMA
Holding
The court dismissed the application for joinder, finding it res judicata and an abuse of process.
Facts
The petitioner/applicant sought to join Archbishop Eliud Wabukhala and Major (Rtd) Twalib Mbarak as respondents in place of Mumo Matemu and Halakhe Waqo, respectively. The respondents opposed the application, citing previous rulings by the Court of Appeal.
Issues
- Joinder of Archbishop Eliud Wabukhala and Major (Rtd) Twalib Mbarak as respondents
- Res judicata and abuse of process
Reasoning
The Court of Appeal in Civil Appeal No 229 of 2017 held that the joinder of the 2nd to 6th respondents was improper, and the current application is an abuse of process.
Outcome
Application dismissed with costs
Orders
- Application for joinder of Archbishop Eliud Wabukhala and Major (Rtd) Twalib Mbarak dismissed
Authorities cited
Cases cited (2)
- Ethics and Anti-Corruption Commission and 5 others v Henry Morara Ongwenyi & 3 others [2019] eKLR
- Civil Appeal No 229 of 2017
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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