Collins Odhiambo Odundo & another v Nelson Havi & 11 others; Riziki Emukule & 20 others (Interested Parties) [2021] KEHC 3810 (KLR)

Facts

There are five cases pending determination at the High Court in Nairobi, including Nairobi ELRC Petition No E087 of 2020, Murigi Kamande vs Nelson Andayi Havi & Law Society of Kenya, Nairobi ELRC Petition No E090 of 2020, Mercy Kalondu Wambua vs Nelson Andayi Havi & Law Society of Kenya, Nairobi High Court Constitutional Petition No E025 of 2021, Adrian Kamotho Njenga vs Nelson Andayi Havi & others, Nairobi High Court JR No E005 of 2021, Lempaa Suyianka & others vs Nelson Andayi Havi & others, and Nairobi Constitutional Petition No E260 of 2021.

Issues

1. Whether the Petition was sub judice
2. Whether the Petition is res judicata
3. Whether the Petitioners should first exhaust internal dispute resolution mechanism
4. Whether the matter should be transferred to Nairobi to be heard together with Petition E260 of 2021

Reasoning

The court found that the Petition was not sub judice as it did not involve the same parties or the same issues as the pending cases in Nairobi. The court also ruled that the Petitioners do not need to exhaust internal dispute resolution mechanisms as the Petition is not res judicata. The court did not transfer the matter to Nairobi.

Outcome

The Petition was dismissed.