How 'mischievous' litigants frustrate courts

The backlog of cases in court has been blamed on mischievous litigants abusing judicial processes by disobeying orders and filing frivolous cases to gain unfair advantage, judicial documents show.

Litigants have, however, also accused some magistrates and judges of delaying their cases and some have filed formal complaints before the Judicial Service Commission (JSC).

The court users have filed applications for recusals and magistrates and judges have been forced to abandon cases they were handling over claims of bias, delaying cases among others.

But court documents and proceedings have proven that litigants have also contributed massively to the backlog of cases in courts, frustrating the court processes.

Evidence has also shown that the litigants have notoriously been abusing the court processes and bending rules to gain advantage in their pleadings before the courts.

The litigants have been unreasonably using legal procedures for improper motives, causing delays and harassing opponents, leading to case backlogs and wasted judicial time.

Some of the common instances where the courts have intervened include when litigants have filed frivolous cases, forum shopping in different courts and obtaining orders through misrepresentation.

Other litigants have also been known for filing vexatious litigations and filing numerous and unjustified suits to harass an opposing party.

One such litigant is Lucy Wanjiru, one of the widows of former nominated MP Phillip Kamau.

Wanjiru was, in November last year, found guilty of abusing court process when she attempted to stop the proceedings and judgement in a property case she had filed before former Nakuru Environment and Land Court judge Anthony Ombwayo.

In the case before Ombwayo, Wanjiru is battling Kamau’s daughter Elizabeth Wanjiku over a three-acre property forming part of Kamau’s estate estimated to be worth over Sh1 billion.

She wanted the court to allow her co-widows Teresia Njeri and Margaret Damat and her stepson Joseph Njuguna to join the proceedings.

In his ruling, however, Ombwayo, who was transferred last month, found Wanjiru guilty of abusing the court process.

“The application to stop the proceedings is an abuse of the court process because the applicant cannot make an application to stay proceedings that she has commenced,” ruled Ombwayo.

According to Ombwayo, Wanjiru’s attempts were to twist the property dispute and if possible, stall the hearing of the case without any justifications.

The judge noted that the case was first slotted for judgement on December 17, 2024 but a year had passed without any progress.

Further, the court took note that although Wanjiru had filed a property case, there was an inheritance case filed before the High Court.

The Standard is privy to the inheritance case where Njeri, Damat and Njuguna had refused to be administrators of the estate despite being appointed by the court.

In their application before judge Ombwayo to join Wanjiru in the case, the three describe themselves as administrators of the estate, representing facts.

In her application for the land case to be dismissed, Wanjiku submitted that the three were misrepresenting facts and that Wanjiru was abusing court process and forum shopping for favours in different courts.

Justice Samwel Mohochi decided not to admit any more applications in the inheritance case of late politician Kibowen Komen, which has been in court since 1997.

The court noted that parties had filed several applications, challenging a 2010 decision which ordered excision of 66 acres from the estate to pay creditors.

According to Mohochi, any application made to challenge the excision would be dismissed.

“The application would have been filed out of time. Also, the same has been heard up to the appellate court, which maintained that the 66 acres must be sold,” directed Mohochi.

The court noted that there were high numbers of creditors joining the case, and Mohochi suspended any of the creditors’ cases until the succession case is concluded.

He further noted that, owing to the applications, the succession case had been pending for over 28 years in court, without significant progress.

“The court will be defeating justice by delaying proceedings that are over 28 years without a flinch of any justifications from the beneficiaries, creditors and interested parties,” ruled Mohochi.

The judge also issued a warning to litigants who were allegedly using the court to settle their personal scores.

Mohochi warned that the court of law was not a place to be cheaply used to settle personal vendettas.

“It is an abuse of court processes and a waste of time for one party to try and use the courts as a weapon against an opposing party,” ruled Mohochi.

He did so in a matrimonial dispute case, pitting Marathon star Lucy Kabuu and her estranged husband Jeremiah Maina.

Mohochi noted that despite the contempt proceedings taking over six months of the court’s time, the same was not productive.

“Contempt of court is a serious undertaking because contemnors stand to lose their liberty. It should not be taken lightly,” he ruled.

The Directorate of Criminal Investigations (DCI) has also come under scrutiny for allegedly making arrests on Fridays, to ensure suspects are detained over the weekend.

In the fight against weekend detention, Chief Justice Martha Koome directed courts in Kibra to operate on Saturdays to end the practice of people arrested for minor offences on Fridays being held in police cells until Monday. 

Litigants have also been on the spot for ignoring court orders without justifications. The same has not only frustrated other litigants and the court, but it has frustrated court processes.

Eight orders directing the reopening of War Memorial Hospital have been disobeyed by the Nakuru County and national governments.

The orders were issued between November 1, 2023 and October 1, 2024 by four judges, including the Court of Appeal.