[2025] KEHC 4517 (KLR)
The High Court cannot proceed to determine the application for review in the absence of the complete lower court file, as this would prejudice the fair and just resolution of the issues raised. The judge reiterates the need for the physical lower court file to be supplied as soon as possible before a substantive...
Source-derived case information.
- Citation
- [2025] KEHC 4517 (KLR)
- Parties
- Applicant: Sarah Wangari Kariuki; Respondent: Peter Macharia Gaturu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E066 of 2023
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Application for Review; Awaiting Lower Court File for Substantive Determination
- Outcome
- Ruling deferred pending supply of the physical lower court file; clarification issued on throw away costs.
- Judges
- LP Kassan
- Legal Topics
- Review of Judgment, Appeal Process, Court Records, Throw Away Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Wangari Kariuki
Applicant
Peter Macharia Gaturu
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Application for Review; Awaiting Lower Court File for Substantive Determination
Legal Issues
- 1 Whether the High Court can proceed to determine the application for review without the complete lower court file.
- 2 Clarification of the amount awarded as throw away costs.
Ratio Decidendi
The High Court cannot proceed to determine the application for review in the absence of the complete lower court file, as this would prejudice the fair and just resolution of the issues raised. The judge reiterates the need for the physical lower court file to be supplied as soon as possible before a substantive ruling can be made. Additionally, the court clarifies that the throw away costs awarded were KES 10,000 and not KES 15,000, as previously misunderstood. The matter is set for mention to confirm compliance and availability of the lower court file.
Court Disposition
Ruling deferred pending supply of the physical lower court file; clarification issued on throw away costs.
Orders
- The physical lower court file shall be supplied as soon as possible for the court to write the ruling on review.
- Clarification: throw away costs awarded are KES 10,000 and not KES 15,000.
Full Case Text
Judgment text and source record
19 paragraphs
Kariuki v Gaturu (Civil Appeal E066 of 2023) [2025] KEHC 4517 (KLR) (7 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4517 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Appeal E066 of 2023
LP Kassan, J
April 7, 2025
Between
Sarah Wangari Kariuki
Applicant
and
Peter Macharia Gaturu
Respondent
Ruling
1. I have read the entire High court file and it is true that the lower court set aside its judgment dated 20/12/2022. I asked for the lower ocurt file to understand the circumstances under which the judgment was set aside but I was only supplied with proceedings up to 23/12/2023.
2. In my ruling which is a sub-suit of application for review, I clearly indicated that I had no typed proceedings and so I was at a disadvantaged position to determine some issues. this has clearly come out. I appreciate that this is among the files that came under RRI and time was of essence.
3. This end, I shall order that the physical lower court file be supplied as soon as possible for me to write the ruling on review.
4. For clarification on awards, I wish to state the following:1. The throw away costs was 10,000/- and not 15,000/-.2. This is a Nyeri matter.3. The ruling was delivered twice; just like all my matters under RRI that is on 3/7/2024 and 14/8/2024. The reason as to why I did this is because many advocates did not turn up on 3/7/2024 which was the first date of judgment. I directed notices be issued for 14/8/2024 for me to re-read the rulings/judgments.4. (Later) Parties still being absent – lower court file (physical copy) to be availed. Mention 16/6/2025.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 7THDAY OF APRIL 2025. HON. L. P. KASSANJUDGEIn the presence of;No appearance for partiesCarol – Court Assistant