https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12999

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU HCCA NO. E421 OF 2023 DAVID NJUGUNA WANGARI………………………………….APPELLANT VERSUS HABIL ESHIFANDI NANDI…………………..……………….RESPONDENT (Being an appeal from the Judgement delivered on 6th October, 2023 at the Chief Magistrate’s Court at Kikuyu by Honourable L. K. Nyabando, Resident Magistrate) RULING ON DIRECTIONS 1. This appeal was filed vide a Memorandum of Appeal dated 16th October, 2023. The original record of proceedings from the trial court was called for on 1st December, 2023 and it was availed on 20th July, 2024. The appeal was then admitted for hearing on 9th July, 2024. 2. It will be noted that there was not activity on the file until 3rd February, 2025 when Mr. Kaburu, counsel for the Respondent attended court and sought for a Notice to Show Cause to issue upon the Appellant who he said had not even filed a Record of Appeal. 3. The Deputy Registrar thus issued a Notice to Show Cause upon the Appellant and scheduled the appeal for mention on 15th May, 2025 on which day there was no attendance by either party and the court issued further HCCA.NO.E421 OF 2023 RULING - Page 1 of 4 directions and notice for the parties and or counsel to attend court on 9th June, 2025. On 9th of June, 2025, there was no attendance by either party to confirm compliance of pending directions herein and a Notice to Show Cause was issued and the reason that there had been no utterance by the parties for two consequential mentions. 4. When the matter came up for mention on 16th September, 2025, the file was never placed before court and it was slated for further mention on 29th October, 2025 whereby the Notice to Show Cause was reissued and slated for mention on 11th November, 225 in absence of the parties. 5. On 11th November, 2025, both counsel for the parties herein attended court and the Appellant’s Counsel, Mr. Gechoke Gakonge informed the court that they had not obtained typed proceedings despite efforts on following up on the same. The Respondent’s Counsel, Mr. Kaburu holds that the Appellant’s Counsel had not given any explanation for their non-attendance in court or why the appeal has not been prosecuted to date. He urged the court to dismiss the appeal for want of prosecution since nothing had been presented to court to show why they had not been attending court or efforts made to have the appeal prosecuted. 6. In rejoinder, the Appellant’s Counsel stated that he had made efforts to HCCA.NO.E421 OF 2023 RULING - Page 2 of 4 follow up on the record of proceedings vide a Letter dated 18th October, 2025 and urged the court to grant it a last chance. When the matter came up for mention on 5th December, 2025, the Appellant’s Counsel indicated that the Record of Appeal had been filed and sought for directions on the same. 7. The court has gone through the case tracking system and noted that the Record of Appeal has been duly filed by the Appellant despite the delay on their part. I also confirm that the original Record of Appeal had been availed earlier and the appeal admitted for hearing on 9th July, 2024. In view of this, and in the interest of justice, proceed to order and direct that:- a) The Notice to Show Cause is hereby set aside. b) The parties to dispose of the appeal by way of written submissions. c) The Appellant shall file and serve his written submissions within thirty (30) days from the date hereof. d) The Respondent shall equally file and serve his written submissions within thirty (30) days of being served with the Appellant’s submissions. e) The matte shall be mentioned on 26th October, 2026 for parties to confirm compliance and take directions on a Judgment date. f) These directions and notice to be served upon the parties and or HCCA.NO.E421 OF 2023 RULING - Page 3 of 4 their respective counsel via email. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT MURANG’A THIS 26 TH DAY OF JUNE , 2026. D. O. CHEPKWONY JUDGE HCCA.NO.E421 OF 2023 RULING - Page 4 of 4