[2017] KEHC 9035 (KLR)
The court found that since the parties were aware of the scheduled hearing date as notified by the Deputy Registrar, and no steps were taken to prosecute the Notice of Motion dated 24th May 2017, the application warranted dismissal for want of prosecution.
Source-derived case information.
- Citation
- [2017] KEHC 9035 (KLR)
- Parties
- Applicant: Hillary Wasongo Soro; Respondent: Orange Democratic Movement (ODM); Respondent: National Elections Board of ODM Party; Respondent: Agnes Zani, Secretary General ODM Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 9 of 2017
- Procedural Posture
- Miscellaneous Election Petition Application / Ruling on Notice of Motion for Want of Prosecution
- Outcome
- Notice of Motion dated 24th May 2017 dismissed for want of prosecution.
- Judges
- LK Kimaru
- Legal Topics
- Dismissal for Want of Prosecution, Notice of Motion, Election Petition Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Wasongo Soro
Applicant
Orange Democratic Movement (ODM)
Respondent
National Elections Board of ODM Party
Respondent
Agnes Zani, Secretary General ODM Party
Respondent
Procedural Posture
Miscellaneous Election Petition Application / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 1 Whether the Notice of Motion dated 24th May 2017 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that since the parties were aware of the scheduled hearing date as notified by the Deputy Registrar, and no steps were taken to prosecute the Notice of Motion dated 24th May 2017, the application warranted dismissal for want of prosecution.
Court Disposition
Notice of Motion dated 24th May 2017 dismissed for want of prosecution.
Orders
- The Notice of Motion dated 24th May 2017 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION
MISCALLENEOUS ELECTION PETITION APPLICATION NO.9 OF 2017
HILLARY WASONGO SORO............................................................APPLICANT
VERSUS
ORANGE DEMOCRATIC MOVEMENT (ODM)…………….…..1STRESPONDENT
NATIONAL ELECTIONS BOARD OF ODM PARTY................ 2NDRESPONDENT
AGNES ZANI, SECRETARY GENERAL
ODM PARTY………………………………………………………...3RDRESPONDENT
RULING
Since the parties were aware of today’s date as notified by the Deputy Registrar of the Court, the Notice of Motion dated 24th May 2017 is hereby dismissed for want of prosecution.
DATED AT NAIROBI THIS 30TH DAY OF MAY 2017
L. KIMARU
JUDGE