[2025] KEHC 2713 (KLR)
The court found that the petitioner had failed to attend court or respond to the notice to show cause, and had not participated in the proceedings since the matter was transferred from Kibera High Court. This demonstrated a lack of interest in prosecuting the case. To prevent clogging the court system with dormant...
Source-derived case information.
- Citation
- [2025] KEHC 2713 (KLR)
- Parties
- Applicant: Karren Jepkemoi; Respondent: Director of Public Prosecution; Respondent: Senior Principal Magistrate, Kahawa Law Courts; Respondent: The Hon. Attorney General; Interested Party: Nicodemus Osiemo Masea; Interested Party: Amos Kipokoris Kipchumba; Interested Party: Caren Chebet; Interested Party: Daniel Mweteri Mberia; Interested Party: Violet Mghoi Wali; Interested Party: Hamisi Zaunga; Interested Party: Eric Rono; Interested Party: Mirriam Nthenya; Interested Party: Tonny Muliro Wabomba; Interested Party: Sammy Afubwa Chahayo; Interested Party: Moses Mwenda Ntonya
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 3 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karren Jepkemoi
Applicant
Director of Public Prosecution
Respondent
Senior Principal Magistrate, Kahawa Law Courts
Respondent
The Hon. Attorney General
Respondent
Nicodemus Osiemo Masea
Interested Party
Amos Kipokoris Kipchumba
Interested Party
Caren Chebet
Interested Party
Daniel Mweteri Mberia
Interested Party
Violet Mghoi Wali
Interested Party
Hamisi Zaunga
Interested Party
Eric Rono
Interested Party
Mirriam Nthenya
Interested Party
Tonny Muliro Wabomba
Interested Party
Sammy Afubwa Chahayo
Interested Party
Moses Mwenda Ntonya
Interested Party
Procedural Posture
Criminal Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to the petitioner's failure to attend court or respond to the notice to show cause.
Ratio Decidendi
The court found that the petitioner had failed to attend court or respond to the notice to show cause, and had not participated in the proceedings since the matter was transferred from Kibera High Court. This demonstrated a lack of interest in prosecuting the case. To prevent clogging the court system with dormant matters and in exercise of its powers under Order 17 Rule 2 of the Civil Procedure Rules, the court dismissed the suit for want of prosecution.
Court Disposition
dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
47 paragraphs
Jepkemoi v Director of Public Prosecution & 2 others; Masea & 10 others (Interested Parties) (Criminal Miscellaneous Application 3 of 2023) [2025] KEHC 2713 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2713 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application 3 of 2023
DO Chepkwony, J
March 4, 2025
IN THE MATTER OF: ARTICLES 1, 2, 3, 6, 10, 19, 20, 21, 22, 23, 24, 25, 50, 157, 165, 258, 259 AND 260 OF THE CONSTITUTION OF KENYA, 2010, AND SECTION 4 OF THE CONSTITUTION OF KENYA (PROTECT IN OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE RULES, 2013 AND SECTION 7(1) OF SCHEDULE 6 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: THE VIOLATION AND THREATENED VIOLATION OF ARTICLES 1, 2, 3, 6, 10, 19, 20, 21, 23, 24, 25, 50, 157, 258, 259 AND 260 OF THE CONSTITUTION OF KENYA, 2010 AND SECTION 7(1) OF THE SCHEDULE 6 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: SECTIONS 4, 268(1), 275, 281, 330(b), 345, 349, 392, 393 OF THE PENAL CODE (CAP 63)AND IN THE MATTER OF: SECTIONS 134, 135, 136 AND 137 OF THE CRIMINAL PROCEDURE CODE (CAP 5)AND IN THE MATTER OF: KAHAWA LAW COURTS, SPM CRIMINAL CASE NO.112 OF 2023 – REPUBLIC V NICODEMUS OSIEMO MASEA AND 11 OTHERS
Between
Karren Jepkemoi
Petitioner
and
Director of Public Prosecution
1st Respondent
Senior Principal Magistrate, Kahawa Law Courts
2nd Respondent
The Hon. Attorney General
3rd Respondent
and
Nicodemus Osiemo Masea
Interested Party
Amos Kipokoris Kipchumba
Interested Party
Caren Chebet
Interested Party
Daniel Mweteri Mberia
Interested Party
Violet Mghoi Wali
Interested Party
Hamisi Zaunga
Interested Party
Eric Rono
Interested Party
Mirriam Nthenya
Interested Party
Tonny Muliro Wabomba
Interested Party
Sammy Afubwa Chahayo
Interested Party
Moses Mwenda Ntonya
Interested Party
Ruling
1. This matter came up for mention for parties to show cause why this suit should not be dismissed for want of prosecution. A Notice to Show Cause was issued, taken out and served upon counsel for the parties.
2. There is no response filed by the parties herein and neither has the Petitioner attended court to show cause as required.
3. It is worth-noting that the Petitioner has never attended court since the matter was transferred here from Kibera High Court. This is a clear indication that she has lost interest in prosecuting her case. Therefore, the parties and more specifically the Petitioner has lose interest in having her suit prosecuted.
4. This being the case, there is need to avoid clogging this court’s system with backlog. The court therefore proceeds to dismiss this suit for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF MARCH, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for the ApplicantM/S Ndeda counsel for the RespondentCourt Assistant - Martin