VICTOR KIOKO MUNYAKA v THE ATTORNEY-GENERAL & 3 Others [2011] KEHC 304 (KLR)
- Court
- High Court of Kenya
- Case number
- 304
- Citation
- [2011] KEHC 304 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a previous orderCoramJ.B. Ojwang, H.M. Okwengu
Holding
The constitutional petition is an abuse of the process of the Court and is hereby struck out.
Facts
The petitioner, Dr. Victor Kioko Munyaka, had a decree issued in HCCC No. 66 of 2007, but failed to comply with it. He filed a constitutional petition and an application under it, seeking to have the decree enforced.
Issues
- Compliance with the Court's decree
- Abuse of the process of the Court
Reasoning
The Court found that the petitioner's application was a subterfuge to evade the constitutional process and was an abuse of the process of the Court.
Outcome
The constitutional petition is struck out with costs to the other parties.
Orders
- The Decree and orders made in HCCC No. 66 of 2007 remain in force and shall be appropriately enforced.
- The Orders and directions on record, under the plaintiff's ex parte Chamber Summons of 4th February, 2011 shall remain in force, subject to such necessary variations as may from time to time be made by the Judge.
Remedies
- The applicant's application by Chamber Summons dated 15th March, 2011, is hereby struck out with costs to the other parties.
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- High Court of Kenya
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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