[2024] KEHC 14506 (KLR)

[2024] KEHC 14506 (KLR)

The court found that the matter had not progressed and issued a notice to show cause why it should not be dismissed for want of prosecution. Upon hearing the Applicants' counsel, the court granted both parties fourteen days to file and serve their responses to the notice to show cause. The court scheduled a mention...

Source-derived case information.

Citation
[2024] KEHC 14506 (KLR)
Parties
Applicant: Mando Kenneth Maina; Applicant: John Kuria Kamau; Respondent: County Secretary, County Government of Kiambu; Respondent: Chief Officer Finance, County Government of Kiambu; Respondent: County Executive Committee Member of Finance, County Government of Kiambu
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Judicial Review 12 of 2019
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
Outcome
Directions issued for parties to file and serve responses to the notice to show cause within fourteen days; mention scheduled for confirmation of compliance.
Judges
DO Chepkwony
Legal Topics
Judicial Review, Mandamus, Dismissal for Want of Prosecution, Case Management
Source Language
en
Civil Procedure Administrative Law Judicial Review Mandamus Dismissal for Want of Prosecution Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mando Kenneth Maina

Applicant

John Kuria Kamau

Applicant

County Secretary, County Government of Kiambu

Respondent

Chief Officer Finance, County Government of Kiambu

Respondent

County Executive Committee Member of Finance, County Government of Kiambu

Respondent

Procedural Posture

Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution

Legal Issues

  1. 1 Whether the judicial review application should be dismissed for want of prosecution.
  2. 2 Whether parties have complied with directions to respond to the notice to show cause.

Ratio Decidendi

The court found that the matter had not progressed and issued a notice to show cause why it should not be dismissed for want of prosecution. Upon hearing the Applicants' counsel, the court granted both parties fourteen days to file and serve their responses to the notice to show cause. The court scheduled a mention date to confirm compliance and take further directions, ensuring that parties are afforded procedural fairness before any dismissal for want of prosecution. The court also directed that notice be issued to the Respondents or their counsel.

Court Disposition

Directions issued for parties to file and serve responses to the notice to show cause within fourteen days; mention scheduled for confirmation of compliance.

Orders

  • Parties to file and serve their respective responses to the notice to show cause within fourteen days from the date of the ruling.
  • Matter to be mentioned on 17th December, 2024 for parties to confirm compliance and for further directions.