Patrick Wanyonyi Khaemba v Teachers Service Commission, Board of Management Kapletingi Mixed Day Secondary School & Francis Tanui [2018] KEELRC 1172 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT KISUMU

PETITION NO. 30 OF 2017

(Before Hon.  Justice Mathews N. Nduma)

PATRICK WANYONYI KHAEMBA......................PETITIONER

VERSUS

TEACHERS SERVICE COMMISSION........1ST RESPONDENT

BOARD OF MANAGEMENTKAPLETINGI

MIXED DAYSECONDARY SCHOOL............2ND RESPONDENT

FRANCIS TANUI................................................3RD RESPONDENT

R U L I N G

1. Upon a careful consideration of the application dated 4th September 2017, the Replying affidavit by the Respondent and their respective submissions, the court is satisfied that the Petitioner filed constitutional petition being Kisumu ELRC Petition No. 23 of 2013 dated 8th October, 2015 raising the same facts and issues for determination as the one raised in the present petition No. 30 of 2017 arising from the petitioner’s interdiction by the TSC, the 1st applicant.  Any new matters needed to be raised by way of amendment but not filing a new suit on same  set of facts between the same parties.

2. All the issues raised in the present petition were canvassed in and are pending determination in Kisumu ELRC Petition No. 23 of 2015 which is pending judgment.

3. The rule of subjudice goes to the care of the administration of justice.  The court has responsibility to stop abuse of its process by deterring multiplicity of suit which clog the judiciary system.  See Petition No. 548 of 2015, Okiya Omtatah Okoiti & another v Ministry of Transport & infrastructure & 4 others [2016]eKLR.

4. Accordingly, all pending issues in this petition shall be determined in Kisumu ELRC Petition No. 23 of 2015.

5. The Petition is struck-out for duplicity which is an abuse of the court process with costs.

Dated and Signed in Kisumu this 20th day of September, 2018

Mathews N. Nduma

Judge

Appearances

Mr. Calvin Anyuor Advocate for Respondents/Applicants

Petitioner/Respondent in person

Chrispo – Court Clerk