Prisca Auma Misachi v County Assembly of Kisumu & 6 others [2015] KEHC 2358 (KLR)
- Court
- High Court of Kenya
- Case number
- 2358
- Citation
- [2015] KEHC 2358 (KLR)
- Decided
- 5 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents filed an application to strike out the petition as res judicata.CoramEAC, Gajendragkar, Hellen Wasilwa, Njagi, Rawal
Holding
The principle of res judicata is applicable to Constitutional litigation.
Facts
The petitioner, a member of the County Assembly of Kisumu, sought several orders, including restraining the respondents from acting upon or effecting the decision of the County Assembly of Kisumu on 21st October 2014, which purported to unprocedurally remove the speaker and deputy of the County Assembly.
Issues
- whether the principle of res judicata is applicable in Constitutional matters
- whether the issues raised in the petition are res judicata
Reasoning
The court applies the principle of res judicata, finding it applicable to Constitutional matters and not affected by the substantial justice principle of Article 159 of the Constitution.
Outcome
The petition is not struck out.
Authorities cited
Cases cited (5)
- Vallerie Namtilu Wafula & another v Kenya National Union of Teachers (KNUT) & 2 others [2012]eklr
- Silas Make Otuke v Attorney General & 3 others [2014]eKLR
- Thomas v. The AG of Trinidad and Tobago (1991) LRC (Const) 1001
- E.T. v. Attorney General & Anor. [2012] eKLR
- Daryao and others v The State of UP and Others (1961) 1 SCR 574, 582-3
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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