Awino v Kandie; Kenya Rural Roads Authority & 6 others (Interested Parties) (Petition E070 of 2025) [2025] KEELRC 2123 (KLR)

The petitioner pleaded full knowledge of the earlier judgment quashing Gazette Notice No. 4309 of 2022. Though the parties were not identical, the court found privity by the petitioner's pleading and knowledge, applying the three elements of res judicata from Black's Law Dictionary 10th Edition. Relitigating settled matters abuses court process.

The respondent and 1st interested party showed the earlier judicial review judgment is under appeal, particularly on whether the appointment was unconstitutional and unlawful. The court held it could not entertain a parallel suit on the same gazette notice while the appeal is pending.

The 6th interested party demonstrated that the constitutionally prescribed avenue for obtaining reports or information from Parliament and its committees is petitioning the National Assembly under Article 119, the Petition to Parliament (Procedure) Act and Standing Orders 219-229. The petitioner neither engaged that process nor rebutted the submission.

Mandamus requires demonstration that the body owes a clear public duty, that demand has been made, and that the body has neglected or refused to act. The petitioner showed no such duty or demand against the 1st, 2nd, 7th and 8th interested parties, including the EACC, whose investigations should be allowed reasonable time without premature judicial intervention.

The petitioner relied on Auditor-General audit findings but did not show they led to criminal charges, disciplinary proceedings or adverse action. The court held that the primary jurisdiction over alleged misconduct lies in the prescribed disciplinary and criminal procedures, which the petitioner bypassed.