[2024] KEHC 15055 (KLR)
The court found that there had been no activity in the matter since July 2023, and that neither the parties nor their counsel had attended court or responded to multiple notices to show cause. This demonstrated a lack of interest in prosecuting the suit. To prevent clogging the judicial system with inactive cases,...
Source-derived case information.
- Citation
- [2024] KEHC 15055 (KLR)
- Parties
- Applicant: African Centre for Corrective & Preventive Action; Applicant: Anne Wangari Kariti; Applicant: Nzivu Kayatwa Kimeu; Applicant: Esther Nyambura Kimani; Respondent: Hon Attorney General; Respondent: Cabinet Secretary, Ministry Of Health; Respondent: Kenya Medical Practitioners and Dentist Council
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E037 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Centre for Corrective & Preventive Action
Applicant
Anne Wangari Kariti
Applicant
Nzivu Kayatwa Kimeu
Applicant
Esther Nyambura Kimani
Applicant
Hon Attorney General
Respondent
Cabinet Secretary, Ministry Of Health
Respondent
Kenya Medical Practitioners and Dentist Council
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to prolonged inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity in the matter since July 2023, and that neither the parties nor their counsel had attended court or responded to multiple notices to show cause. This demonstrated a lack of interest in prosecuting the suit. To prevent clogging the judicial system with inactive cases, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
29 paragraphs
African Centre for Corrective & Preventive Action & 3 others v Attorney General & 2 others (Constitutional Petition E037 of 2023) [2024] KEHC 15055 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15055 (KLR)
Republic of Kenya
In the High Court at Kiambu
Constitutional Petition E037 of 2023
DO Chepkwony, J
November 21, 2024
Between
African Centre for Corrective & Preventive Action
1st Petitioner
Anne Wangari Kariti
2nd Petitioner
Nzivu Kayatwa Kimeu
3rd Petitioner
Esther Nyambura Kimani
4th Petitioner
and
Hon Attorney General
1st Respondent
Cabinet Secretary, Ministry Of Health
2nd Respondent
Kenya Medical Practitioners and Dentist Council
3rd Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, the Notice of Show Cause having been taken out on 29th April, 2024, and extended on 28th May, 2024, 24th June, 2024, 30th September, 2024 and 7th November, 2024.
2. On all these occasions, it is noted that neither party nor their respective counsel attended court in response to this Notice. The Notice to Show Cause was issued after the court observed that there had been no activity on the matter since directions issued on the Notice of Motion application dated 12th July, 2023 on 14th July, 2023. It is also note-worthy that there has been no attendance by the parties and or counsel on any of the days the matter has been fixed for mention since 14th July, 2023.
3. This being the case, it is indication that the Petitioners lost interest in having the suit prosecuted.
4. This court therefore finds it prudent to unclog the system of backlog and proceeds to dismiss the suit for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 21ST DAY OF NOVEMBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and either partyCourt Assistant - Martin