[2024] KEHC 12852 (KLR)
The court found that the applicant had lost interest in the matter, as evidenced by the absence of both the applicant and his counsel despite service of the notice to show cause, and the lack of any substantive activity since the issuance of the notice. The court determined that allowing such inactive matters to...
Source-derived case information.
- Citation
- [2024] KEHC 12852 (KLR)
- Parties
- Applicant: Francis Mburu Machua; Respondent: ODPP
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E054 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Want of Prosecution, Dismissal of Suit, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mburu Machua
Applicant
ODPP
Respondent
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 inactivity by the applicant.
- 2 Whether the applicant has demonstrated sufficient interest or cause to keep the matter alive.
Ratio Decidendi
The court found that the applicant had lost interest in the matter, as evidenced by the absence of both the applicant and his counsel despite service of the notice to show cause, and the lack of any substantive activity since the issuance of the notice. The court determined that allowing such inactive matters to remain on the docket would unnecessarily clog the judicial system. Consequently, the suit was dismissed for want of prosecution and the file marked as closed.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Machua v ODPP (Criminal Miscellaneous Application E054 of 2022) [2024] KEHC 12852 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12852 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Miscellaneous Application E054 of 2022
DO Chepkwony, J
October 24, 2024
Between
Francis Mburu Machua
Applicant
and
ODPP
Respondent
Ruling
1. The matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been taken out on 19th September, 2023.
2. The Applicant is not present despite his counsel, M/S Mburu, Machua & Co. Advocates having been served with the said Notice. He has not even sent representation to explain this absence. On the other hand, the prosecution appears to have no idea what has transpired in the matter.
3. I have perused the record and established that on 4th July, 2023, counsel for the Respondent, Mr. Kelwa indicated that having looked at the application dated 22nd November, 2022, the same appeared to have served its purpose, hence the first Notice to Show Cause being issued then. Since then, even through there are instances when counsel has appeared on behalf of the Applicant, no substantive activity has taken place on the matter.
4. In the circumstances, I find that the Applicant has lost interest in the matter and there is no need to clog the court’s system with such backlog. I proceed to dismiss this suit for want of prosecution. The file is marked as closed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by ApplicantM/S Ndeda counsel for RespondentCourt Assistant - Martin