[2025] KEHC 4677 (KLR)
The court found that neither party nor their counsel attended the scheduled interparties hearing of the Notice of Motion application. The court confirmed service of the application on the respondent and noted the absence of any response. In the absence of both parties and their counsel, the court was unable to...
Source-derived case information.
- Citation
- [2025] KEHC 4677 (KLR)
- Parties
- Applicant: Phyllis Barasa; Respondent: AIC Kijabe Hospital
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Petition E008 of 2025
- Procedural Posture
- Constitutional Petition / Ruling on Notice of Motion for Non Attendance
- Outcome
- Notice of Motion application dismissed for non-attendance.
- Judges
- DO Chepkwony
- Legal Topics
- Right to Dignity, Freedom and Security of Person, Freedom of Movement, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phyllis Barasa
Applicant
AIC Kijabe Hospital
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice of Motion for Non Attendance
Legal Issues
- 1 Whether the Notice of Motion application should be dismissed for non-attendance by both parties.
- 2 Whether the court can proceed in the absence of both parties or their counsel.
Ratio Decidendi
The court found that neither party nor their counsel attended the scheduled interparties hearing of the Notice of Motion application. The court confirmed service of the application on the respondent and noted the absence of any response. In the absence of both parties and their counsel, the court was unable to ascertain their interest in prosecuting the application. Consequently, the court exercised its discretion under Order 12 Rule (1) of the Civil Procedure Rules to dismiss the application for non-attendance.
Court Disposition
Notice of Motion application dismissed for non-attendance.
Orders
- The Notice of Motion application dated 18th February, 2025 is dismissed for non-attendance by either party pursuant to Order 12 Rule (1) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
Barasa v AIC Kijabe Hospital (Petition E008 of 2025) [2025] KEHC 4677 (KLR) (9 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4677 (KLR)
Republic of Kenya
In the High Court at Kiambu
Petition E008 of 2025
DO Chepkwony, J
April 9, 2025
IN THE MATTER OF: ALLEGED CONTRAVENTION OF ARTICLES 28, 29(a)(b)(f) AND 39(1)(3) OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF: ARTICLES 1(1)(2), 10, 21, 22, 23, 24, 25, 28, 29, 47, 159 AND 165(3)(a)(b) OF THE CONSTITUTION OF KENYA, 2010. AND IN THE MATTER OF: THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROECEDURE RULES, 2013. AND IN THE MATTER OF: THECONTRAVENTION OF ARTICLES 28, 29(A)(B)(F) AND 39(1)(3) OF THE CONSTITUTION OF KENYA
Between
Phyllis Barasa
Petitioner
and
AIC Kijabe Hospital
Respondent
Ruling
1. This matter is scheduled for interparties hearing. However, neither party and or counsel is in attendance. I have checked the Case Tracking System (CTS) and confirm that there is an Affidavit of Service to confirm the application was served upon the Defendant on 5th March, 2025 at 2,53 pm. It is dated 4th April, 2025. There is no response filed by the Respondent.
2. There being no appearance by either party and or their counsel, the court is unable to discern their respective intuitions on whether or not they are still interested in prosecuting the application.
3. In the circumstances, the Notice of Motion application dated 18th February, 2025 which was fixed for interparties hearing today is dismissed for non-attendance by either party pursuant to the provision of Order 12 Rule (1) of the Civil Procedure Rules.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 9TH DAY OFAPRIL , 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant - Martin