Simiyu v Permanent Secretary Ministry of State for Provincial Administration and Internal Security (Judicial Review Miscellaneous Application 196 of 2017) [2025] KEHC 18423 (KLR) (Judicial Review) (15 December 2025) (Ruling)
The suit was dismissed for want of prosecution on 2/12/2021 and, as there was no revival, execution does not arise and the file must be closed.
Source-derived case information.
- Citation
- [2025] KEHC 18423 (KLR)
- Parties
- Applicant: Emmanuel Simiyu; Respondent: The Permanent Secretary, Ministry of State for Provincial Administration and Internal Security
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 196 of 2017
- Procedural Posture
- Judicial Review / Ruling on Closure Following Dismissal for Want of Prosecution
- Outcome
- File closed due to prior dismissal for want of prosecution.
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review, Case Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Simiyu
Applicant
The Permanent Secretary, Ministry of State for Provincial Administration and Internal Security
Respondent
Procedural Posture
Judicial Review / Ruling on Closure Following Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should remain open after dismissal for want of prosecution
- 2 Whether execution can proceed after dismissal
Ratio Decidendi
The suit was dismissed for want of prosecution on 2/12/2021 and, as there was no revival, execution does not arise and the file must be closed.
Court Disposition
File closed due to prior dismissal for want of prosecution.
Orders
- File is marked as closed on account of dismissal for want of prosecution made on 2/12/2021.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW DIVISION JUDICIAL REVIEW MISC. APPLICATION NO. 196 OF 2017 EMMANUEL SIMIYU…………………………………………………….…..APPLICANT THE PERMANENT SECRETARY MINISTRY OF STATE FOR PROVINCIAL ADMINISRATION AND VERSUS INTERNAL RESPONDENT SECURITY…………………………………………………… RULING 1. This matter has been in this court since 25/4/2017 and I was the first Judge to handle it on 25/4/2017. Several other Judges have handled it and on 2/12/2021, which is over 4 years ago, A.K. Ndung’u J dismissed the matter for want of prosecution. 2. The dismissal followed the Notice to Show Cause why suit should not be dismissed, issued under Order 17 Rule (2) of the Civil Procedure Rules because the matter had remained dormant from 27/5/2020 which was over one year. The Notice to Show Cause was issued on 17/9/2021 and the dismissal was done on 2/12/2021. 3. I have now seen a notice of intention not to proceed with the execution in the matter and a request for closure of the file, 1 | JR MISC NO. 196/2017 dated 30/9/2025 and received in court on 8/12/2025 by the applicant’s counsel. 4. As the matter was already dismissed for want of prosecution on 2/12/2021 and as there was no revival of the dismissed suit, the question of execution does not arise. 5. Accordingly, this file is hereby marked as closed on account of dismissal of suit for want of prosecution made on 2/12/2021. 6. File is closed. I so order. Dated, Signed and Delivered at Nairobi this 15th Day of December, 2025 R.E. ABURILI JUDGE 2 | JR MISC NO. 196/2017