Abdalla Salim Abdalla & 2 others v Office of Director of Public Prosecutions & 3 others [2020] KEHC 3173 (KLR)
- Court
- High Court
- Case number
- 3173
- Citation
- [2020] KEHC 3173 (KLR)
- Decided
- 22 September 2020
- Judge
- DO Ogembo
- Parties
- raw · defendants · plaintiffs
The withdrawal of the petition is irregular and therefore void. The Criminal Revision 179 of 2020 is an abuse of the Court process.
Facts
Petitioners filed a petition and notice of motion application for withdrawal of the petition. The petitioners also filed a criminal revision 179 of 2020.
Issues
- Whether the Notice of Withdrawal is regular
- Whether the Criminal Revision 179 of 2020 is an abuse of the Court process
Reasoning
The withdrawal of the petition is governed by Rule 27 of the Constitution of Kenya (Protection of rights and fundamental freedoms) Practice and procedure Rules, 2013. The petitioners failed to obtain leave from the court to withdraw the petition. The Criminal Revision 179 of 2020 is an abuse of the Court process as it involves forum shopping and conflicting decisions in courts of equal jurisdiction.
Outcome
The petitioners’ Notice of Withdrawal is declared irregular and the Criminal Revision 179 of 2020 is held to be an abuse of the Court process.
Orders
- The petitioners’ Notice of Withdrawal is declared irregular.
- The Criminal Revision 179 of 2020 is held to be an abuse of the Court process.
Authorities cited
Legislation (3)
- Constitution of Kenya (Protection of rights and fundamental freedoms) Practice and procedure Rules, 2013
- Criminal Procedure Code
- Civil Procedure Act
Cases cited (2)
- Harry John Paul Arigi & 2 others vs. Board, Kenya Ports Authority & 2 others (supra)
- Stephen Oyugi Okero vs. Chief Magistrate's Court at Milimani Law Courts (Criminal) & another (supra)
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