Bryan Yongo v Attorney General & 2 others [2017] KEHC 9486 (KLR)
- Court
- High Court of Kenya
- Case number
- 9486
- Citation
- [2017] KEHC 9486 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition to be admitted to the roll of advocates and to have a respondent struck out of the roll of advocatesPostureAppeal from a decision of the High Court of Kenya at NairobiCoramA. O. MUCHELULE
Holding
The petition is struck out with costs.
Facts
The petitioner filed a constitutional petition seeking to be admitted to the roll of advocates and to have the respondent struck out of the roll of advocates. The respondent argued that the petitioner should have appealed the High Court's decision instead of filing a new petition.
Issues
- Res judicata
- Abuse of process
Reasoning
The court found that the petitioner should have appealed the High Court's decision instead of filing a new petition, and that filing several suits seeking the same orders is an abuse of the process of the court.
Outcome
Struck out with costs
Orders
- Petition struck out with costs
Authorities cited
Legislation (2)
- Advocates Act, Chapter 16 of the Laws of Kenya
- Constitution of the Republic of Kenya
Cases cited (1)
- Charles Mugunda Gacheru –v- The Senior Resident Magistrate & Others [2005] LLR 7602
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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