[2020] KEHC 7742 (KLR)
The court found that the applicant's counsel had provided a satisfactory explanation for failing to attend court on 19th November 2019, namely, that he was engaged in another matter before a different High Court. The court also noted that the applicant's counsel had otherwise been diligent in attending court and...
Source-derived case information.
- Citation
- [2020] KEHC 7742 (KLR)
- Parties
- Applicant: Flados Tours Co. Ltd; Respondent: Attorney General; Respondent: The National Police Service; Respondent: O.C.P.D. Nakuru; Respondent: O.C.P.D. Molo; Respondent: O.C.P.D. Mau Summit; Respondent: O.C.P.D. Kericho
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 9 of 2019
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause Regarding Non Attendance
- Outcome
- notice to show cause discharged; suit reinstated and to be fixed for hearing
- Judges
- RB Ngetich
- Legal Topics
- Dismissal for Non Attendance, Reinstatement of Suit, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Flados Tours Co. Ltd
Applicant
Attorney General
Respondent
The National Police Service
Respondent
O.C.P.D. Nakuru
Respondent
O.C.P.D. Molo
Respondent
O.C.P.D. Mau Summit
Respondent
O.C.P.D. Kericho
Respondent
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause Regarding Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance by the petitioner on 19th November 2019.
- 2 Whether the explanation for non-attendance is sufficient to reinstate the matter.
Ratio Decidendi
The court found that the applicant's counsel had provided a satisfactory explanation for failing to attend court on 19th November 2019, namely, that he was engaged in another matter before a different High Court. The court also noted that the applicant's counsel had otherwise been diligent in attending court and serving notices on the respondents. In the circumstances, the court exercised its discretion to discharge the notice to show cause and directed that the petition be fixed for hearing within 30 days. The overriding principle was that justice is best served by allowing the matter to be heard on its merits rather than dismissed for a single instance of non-attendance where reasonable...
Court Disposition
notice to show cause discharged; suit reinstated and to be fixed for hearing
Orders
- Notice to show cause is hereby discharged.
- Petition to be fixed for hearing within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
JUDICIAL REVIEW NO.9 OF 2019
FLADOS TOURS CO.LTD............................................................APPLICANT
-VERSUS-
ATTORNEY GENERAL.....................................................1ST RESPONDENT
THE NATIONAL POLICE SERVICE..............................2ND RESPONDENT
O.C.P.D. NAKURU..............................................................3RD RESPONDENT
O.C.P.D. MOLO....................................................................4th RESPONDENT
O.C.P.D. MAU SUMMIT.....................................................5th RESPONDENT
O.C.P.D. KERICHO..............................................................6th RESPONDENT
RULING
1. This is a ruling on Notice to Show Cause issued by the court to the petitioner for failing to attend court on 19th November 2019.
2. Following issuance of Notice to Show Cause why this suit should not be dismissed for non-attendance; the Petitioner filed application dated 15th December 2019 seeking to reinstate interim order and explained by supporting affidavit why this suit should not be dismissed.
3. In the supporting affidavit, counsel for the Petitioner averred that on 19th November 2019, he was handling murder case number HCCR 29 of 2019 before High Court 3 and by the time he went to attend to this matter, he found it have been mentioned and Notice to Show Cause issued.
4. Counsel aver that they have been tirelessly attending court and have been serving the Respondents with notices. He added that the judicial review application has merit and it would be fair to have it heard and determined to its logical conclusion.
ANALYSIS AND DETERMINATION
5. I have considered averments by Petitioner’s Advocate, I have also perused the court file and note that the Petitioner’s Advocate has been attending court save for 19th November 2019. I am satisfied with the reason for failure attend court on that day.
FINAL ORDERS
1. Notice to show cause is hereby discharged.
2. Petition to be fixed for hearing within 30 days from today’s date.
Ruling dated, signed and delivered at Nakuru this 27th day of February, 2020
........................................
RACHEL NGETICH
JUDGE
IN THE PRESENCE OF:
Jeniffer/Schola – Court Assistant
Mr. Weche Counsel for the Applicant
Ms. Obura holding brief for Ms. Odhiambo Counsel for the Respondents