Nyang’au v Kenya National Commission for UNESCO & 3 others (Cause E364 of 2024) [2025] KEELRC 443 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Abuse of the court process through multiplicity of suits
The Claimant's filing of three prior actions against the same parties on the same subject matter, followed by the present claim, was a deliberate abuse of court process justifying striking out under the court's inherent powers
The court held that although counsel argued sub judice and res judicata, the broader question was abuse of process. Every court has inherent power to prevent abuse of its process, extending beyond codified principles. It was undisputed that the Claimant had previously filed Petition No 38 of 2020, Petition No 82 of 2020 (struck out as forum shopping) and JR No 9 of 2020 against the same parties on the same subject matter. Scrutinising her pleadings and submissions, the court found no justification for her conduct and concluded she set out to deliberately abuse the process.
Legal principles established
#- Every court is clothed with inherent power to prevent abuse of its process, a power extending beyond codified rules such as sub judice and res judicata
- Instituting a multiplicity of actions on the same subject matter against the same opponent on the same issues constitutes abuse of judicial process
Court orders
#- 1.The present claim is struck out
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Inherent power of the court to prevent abuse of its process
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyang’au v Kenya National Commission for UNESCO & 3 others (Cause E364 of 2024) [2025] KEELRC 443 (KLR)", Case Analysis (2025). Cause No E364 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/443/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.