[2018] KEHC 7932 (KLR)
The court found that the ex parte applicant failed to comply with the order of 20th July 2017, which required filing and serving the substantive motion for orders of mandamus within 21 days. As a result, there was no valid suit before the court. All applications and pleadings filed by the applicant, as well as...
Source-derived case information.
- Citation
- [2018] KEHC 7932 (KLR)
- Parties
- Applicant: Jeremiah M’Njogu Mrugoji; Respondent: Josphat Kirimania for Magundu Water and Sanitation Project & Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2017
- Procedural Posture
- Judicial Review Application / Ruling on Compliance With Leave to File Mandamus Application
- Outcome
- Cause struck out for non-compliance with statutory filing period; costs to respondents.
- Legal Topics
- Judicial Review, Mandamus, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah M’Njogu Mrugoji
Applicant
Josphat Kirimania for Magundu Water and Sanitation Project & Others
Respondent
Procedural Posture
Judicial Review Application / Ruling on Compliance With Leave to File Mandamus Application
Legal Issues
- 1 Whether the ex parte applicant complied with the statutory period for filing the substantive motion for orders of mandamus after leave was granted.
- 2 Whether the court can consider applications and pleadings filed outside the statutory period.
Ratio Decidendi
The court found that the ex parte applicant failed to comply with the order of 20th July 2017, which required filing and serving the substantive motion for orders of mandamus within 21 days. As a result, there was no valid suit before the court. All applications and pleadings filed by the applicant, as well as submissions by all parties, were declared a nullity ab initio. The court struck out the cause with costs to the respondents, emphasizing strict adherence to procedural requirements in judicial review proceedings.
Court Disposition
Cause struck out for non-compliance with statutory filing period; costs to respondents.
Orders
- The cause is struck out with costs to the respondents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
JR. CIVIL NO.1 OF 2017
JEREMIAH M’NJOGU MRUGOJI .....................................APPLICANT
VS
JOSPHAT KIRIMANIA FOR MAGUNDU
WATER AND SANITATION PROJECT& OTHERS.........RESPONDENT
RULING
The Exparte applicant herein moved the court on 14th March 2017 to grant him leave to apply for orders of Mandamus and the same orders were granted on 20th of July 2017.
The application by way of Notice of Motion was supposed be filed and served within the statutory period of 21 days. I have perused the court record and confirm that the exparte applicant has not complied with the order of 20th July 2017 granting him leave to file application for orders of mandamus.
There is therefore no suit for this court to consider and the many applications and pleadings filed by the exparte applicant as well as submissions by both the exparte applicants, the Respondents and the interested parties are a nullity ab initio. The cause stands struck out with costs to the Respondents.
HON A.ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT THIS 22ND DAY OF FEBRUARY 2018.
In the presence of:
Applicant: Present in person
Respondent: present in person
HON A.ONG’INJO
JUDGE