Peter Odiwuor Ngoge t/a O.P. Ngoge & Associates v Onyango & 5 others; Attorney General & another (Interested Party) (Petition 18 of 2015) [2021] KESC 10 (KLR) (Civ) (22 October 2021) (Ruling)

Peter Odiwuor Ngoge t/a O.P. Ngoge & Associates v Onyango & 5 others; Attorney General & another (Interested parties) (Petition 18 of 2015) [2021] KESC 10 (KLR) (Civ) (22 October 2021) (Ruling) Neutral citation number: [2021] KESC 10 (KLR) Republic of Kenya In the Supreme Court of Kenya Petition 18 of 2015 PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala, NS Ndungu & I Lenaola, SCJJ October 22, 2021 Between Peter Odiwuor Ngoge t/a O.P. Ngoge & Associates Applicant and Josephine Akoth Onyango 1st Respondent Simon Otieno Onyango 2nd Respondent Director of Public Prosecutions 3rd Respondent Director of Criminal Investigations Department 4th Respondent Sehit Investments Limited 5th Respondent Kenya Commercial Bank Ltd 6th Respondent and Attorney General Interested party Kenya National Commission on Human Rights Interested party (Being an Appeal arising from the Judgment of the Court of Appeal delivered at Nairobi on the 2nd October 2015 in Civil Appeal No. 51 of 2014) Ruling 1.On 5th October 2017, this Court delivered a Judgment in which it dismissed the appeal herein for want of jurisdiction and by a Ruling delivered on 23rd October 2018, the applicant’s Motion for review of that Judgment was similarly dismissed. This being the third time the applicant is having a bite on the same cherry, the facts are not pertinent to the present Ruling. 2.Notwithstanding the finality of our decisions above, the Applicant, on 3rd November 2020, filed yet another application seeking orders to review the Judgment and Ruling on review of the same Judgment. 3.We have perused that application and can only but agree with the 6th respondent that;i.The principle of _res judicata_ is squarely applicable to the present Motion as this court has finally and without equivocation settled both the question of the appeal and review thereof. It is an exercise in futility for us to be called upon, again, to determine the same issues – see //John Florence Maritime Services Limited & cnother v Cabinet Secretary, Transport and Infrastructure & 3 others// [2021] eKLR.ii.Upon delivery of Judgment and the Ruling on review, this court became {{term{refersTo } _functus officio}_} and there is no known jurisdiction for it to revisit any aspect of the appeal. Certainly, a review upon a review is completely alien to the Supreme Act and the Rules made thereunder. We settled the issue of functus officio in Menginya Salim Murgani v Kenya Revenue Authority [2014] eKLR.iii.On costs, the same principles above apply save that, as the present Motion is utterly frivolous and vexatious, the applicant shall bear the costs hereof. 4.In the event and for reasons above:i.The Notice of Motion dated 14th September 2020 and filed on 3rd November 2020 is hereby struck out.ii.The applicant shall pay costs thereof to the 1st, 2nd and 6th respondents, the only parties that responded to the Motion. 5.It is so ordered. **DATED AND DELIVERED AT NAIROBI THIS 22ND DAY OF OCTOBER, 2021.****P. M. MWILU****.....................................................................****DEPUTY CHIEF JUSTICE & VICE****PRESIDENT OF THE SUPREME COURT****M. K. IBRAHIM****.....................................................................****JUSTICE OF THE SUPREME COURT****S. C. WANJALA****.....................................................................****JUSTICE OF THE SUPREME COURT****NJOKI NDUNGU****.....................................................................****JUSTICE OF THE SUPREME COURT****I. LENAOLA****.....................................................................****JUSTICE OF THE SUPREME COURT****I certify that this is a true copy of the original****REGISTRAR****SUPREME COURT OF KENYA**