[2024] KEHC 6130 (KLR)
The court found that there had been no activity on the file since March 16, 2022, and neither party nor their counsel appeared or provided any explanation for the failure to prosecute the matter. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit...
Source-derived case information.
- Citation
- [2024] KEHC 6130 (KLR)
- Parties
- Applicant: Alphose Muteti Kisyula; Applicant: Joshua Muteti Kilonzo; Applicant: Benerd Masinga Maluki; Respondent: Chief Magistrate Court, Kiambu; Respondent: Hon Attorney General Of Kenya; Respondent: Director Of Public Prosecution; Respondent: National Police Service; Respondent: Director of Criminal Investigation Office; Interested Party: Serah Nzembi Nzyka; Interested Party: Benerd Masinga Maluki
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E005 of 2021
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Dismissal
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alphose Muteti Kisyula
Applicant
Joshua Muteti Kilonzo
Applicant
Benerd Masinga Maluki
Applicant
Chief Magistrate Court, Kiambu
Respondent
Hon Attorney General Of Kenya
Respondent
Director Of Public Prosecution
Respondent
National Police Service
Respondent
Director of Criminal Investigation Office
Respondent
Serah Nzembi Nzyka
Interested Party
Benerd Masinga Maluki
Interested Party
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Dismissal
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
The court found that there had been no activity on the file since March 16, 2022, and neither party nor their counsel appeared or provided any explanation for the failure to prosecute 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, as there was no justification for the delay or non-prosecution. The absence of both parties and lack of representation or explanation left the court with no alternative but to dismiss the suit to prevent abuse of court process and ensure expeditious disposal of cases.
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.
Full Case Text
Judgment text and source record
36 paragraphs
Kisyula & 2 others v Chief Magistrate Court, Kiambu & 4 others; Nzyka & another (Interested Parties) (Judicial Review E005 of 2021) [2024] KEHC 6130 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6130 (KLR)
Republic of Kenya
In the High Court at Kiambu
Judicial Review E005 of 2021
DO Chepkwony, J
May 14, 2024
Between
Alphose Muteti Kisyula
1st Applicant
Joshua Muteti Kilonzo
2nd Applicant
Benerd Masinga Maluki
3rd Applicant
and
Chief Magistrate Court, Kiambu
1st Respondent
Hon Attorney General Of Kenya
2nd Respondent
Director Of Public Prosecution
3rd Respondent
National Police Service
4th Respondent
Director of Criminal Investigation Office
5th Respondent
and
Serah Nzembi Nzyka
Interested Party
Benerd Masinga Maluki
Interested Party
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismisses for want of prosecution, a Notice to Show Cause having issued o 26th October, 2023, Neither party nor their counsel are in attendance. There is even no representation to explain their absence despite the matter having been cause-listed for mention today.
2. I have perused the record and established that there has been no activity on the file since 16th March, 2022 when the application dated 3rd August, 2021 came up for hearing but there was no appearance by either party. There is no explanation for failure to have the same prosecuted.
3. There being no appearance by either party and or their counsel and there being no explanation for non-prosecution of the matter, the suit be and is hereby dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.
It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF__ …MAY….__, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin