The Patron Gusii Regional Idps Steering Committee & Idps Fraternity v The Cabinet Secretary Ministry of Interior Co-ordination of National Government Dr. Fred Matiangi & 2 others

2. The petitioners also claims Honourable Lady Justice Patricia Gichohi closed the files with malice and procedural technicalities wherein she ignored, overlooked, Honorable Justice Mrima's order regarding the application which have never been varied, stayed, set aside or vacated/quashed as the law requires. 3. This court did direct that the applications be served upon the respondents who despite being served did not enter appearance. This court directed that the application be disposed of by way of written submissions. The petitioners did file their written submissions while the respondents did not file any. Analysis and Determination 4. I have considered the applications the submissions and the record herein. I have perused the record herein and I note that Hon Justice Gichohi disposed the Petitions vide a judgment dated 26th June, 2024 delivered on 26th June, 2024 striking out the consolidated petitions for failing to meet the threshold of a Constitutional Petitions that was set out in the Anarita Karimi case. Interestingly the petitioners were dissatisfied with the Judgment of the learned Judge filed a notice of appeal dated 23rd July, 2024 before this court wherein they disclosed that they had filed an appeal against the Judgement at the Supreme Court. They indeed in the notice attached evidence that the said appeal had been lodged and assigned SCApp No. E023/2024. 5. One wonders why the petitioners who had decided to appeal against the judgement of the court in the highest court of the land will show up in this court seeking the re-opening of the case. They have not disclosed the fate of the said appeal and they now seeking to prosecute an application in a closed file. 6. It is trite law the jurisdiction is everything and without it the court must pen down as was held in the celebrated by Nyarangi, JA in the Owners of Motor Vessel Lilian “S” v Caltex Oil Kenya Ltd. ]1989] KLR 1. This court lacks jurisdiction to sit on appeal from a decision of a court of concurrent jurisdiction. 7. The application dated 13.12.24 is therefore incompetent, nonstarter, a waste of the precious judicial time and an abuse of the process of this court and I proceed to strike it out with orders as to costs. DELIVERED VIRTUALLY VIA TEAMS PLATFORM OF THIS 6TH DAYS OF MAY, 2025. T. A. ODERA JUDGE In the presence of; Rev Bishop Brethren Nemwel Momanyi -on behalf of Petitioners. N/A for respondents. Court assistant - Oigo. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19757/eng@2025-05-06 2

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