[2025] KEHC 1697 (KLR)

The court found that neither party nor their counsel appeared or provided any explanation in response to the Notice to Show Cause. The record showed no action had been taken since 11/6/2021, indicating a lack of interest in prosecuting the matter. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution to prevent clogging of the court system with inactive cases.

Citation: [2025] KEHC 1697 (KLR)
Parties: Applicant: Imaita Kithinji Raphael Gitonga; Respondent: Catherine Waiyego Kimani
Court: High Court
Court Station: High Court at Kiambu
Jurisdiction: Kenya
Judgment Date: 29 January 2025
Case Number: Miscellaneous Civil Application 81 of 2020
Procedural Posture: Miscellaneous Application / Notice to Show Cause Ruling
Outcome: suit dismissed for want of prosecution
Judges: DO Chepkwony
Legal Topics: Dismissal for Want of Prosecution, Case Backlog Management
Source Language: English

Civil Procedure Dismissal for Want of Prosecution Case Backlog Management

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Parties

Imaita Kithinji Raphael Gitonga

Applicant

Catherine Waiyego Kimani

Respondent

Procedural Posture

Miscellaneous Application / Notice to Show Cause Ruling

Legal Issues

1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.

Ratio Decidendi

Court Disposition

suit dismissed for want of prosecution

Orders

The suit is dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.