The court found that the present petition raised the same facts and issues as Kisumu ELRC Petition No. 23 of 2015, which is still pending judgment. The petitioner ought to have raised any new matters by way of amendment in the earlier petition rather than filing a new suit. Entertaining the current petition would violate the rule of sub judice and amount to an abuse of the court process. The court emphasized its responsibility to prevent multiplicity of suits and deter abuse of its process. Consequently, the petition was struck out for duplicity, with all pending issues to be determined in the earlier petition.