High Court dismisses petition challenging Nzoia Sugar Company lease
Justice Lawrence Mugambi ruled that the petition filed by Wafula Wamunyinyi was res judicata, adding that the matter had already been conclusively decided in a previous case.
The government has suffered a blow after the High Court dismissed a petition that challenged the government's decision to lease Nzoia Sugar Company and other state-owned sugar mills.
Justice Lawrence Mugambi ruled that the petition filed by Wafula Wamunyinyi was res judicata, adding that the matter had already been conclusively decided in a previous case.
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This means the matter had already been heard and determined in a previous case, and could not be litigated again.
"This finding is sufficient to dispose of this Petition without any further consideration of any other issue. At this juncture, I cannot proceed any further, I must down my tools," ruled Justice Mugambi.
The petition, dated March 20, 2025, contested an international tender notice issued on February 28, 2025, by the Ministry of Agriculture inviting bids for leasing publicly owned sugar companies.
The petitioners claimed the process lacked public participation and transparency, which they argued violated Articles 10, 201, and 227 of the Constitution.
However, the court found that similar arguments had already been raised and settled in Petition No. E065 of 2024, filed by Martin Nyongesa Barasa.
In that case, the court determined there was adequate public participation, including consultations with parliamentary committees and stakeholder engagement.
Justice Mugambi emphasised that the issues in both petitions were identical, save for the financial years the tenders were issued.
He noted that bringing in the same complaint with minor changes, such as a new tender number or a different petitioner, amounted to an abuse of court process.
Although the petitioner and cited legal provisions differed slightly, the court determined that both suits challenged the same leasing process and were based on the same tender subject matter - the international leasing of publicly owned sugar companies, including Nzoia Sugar.
Justice Mugambi emphasised that the core grievance in both petitions centred on the alleged lack of public participation.
However, he reiterated that this issue had been a done and dusted deal following a comprehensive determination in the 2024 ruling by Justice Chacha Mwita, which found that adequate public participation had been conducted.
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