https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6573
The Petitioner and counsel ceased attending court from 16 April 2026, indicating abandonment of the Petition; the court therefore vacated the ex parte orders of 5 October 2025 and dismissed the Petition with costs to the 1st and 2nd Respondents.
Source-derived case information.
- Citation
- [2026] KEHC 6573 (KLR)
- Parties
- Petitioner: Thomas Mwiraria Murithi; Respondent: The Catholic Diocese of Meru & 6 others; Interested Party: Fridah Kananu; Interested Party: Austin Mwenda; Interested Party: Bridget Kinya
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Petition E030 of 2025
- Procedural Posture
- Constitutional Petition / Ruling on Ex Parte Orders and Dismissal for Want of Prosecution/abandonment
- Outcome
- Petition dismissed; ex parte orders vacated; costs awarded to the 1st and 2nd Respondents
- Judges
- ["SM Githinji"]
- Legal Topics
- Ex Parte Orders, Dormant Petition, Costs, Vacatur of Interim Orders, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mwiraria Murithi
Petitioner
The Catholic Diocese of Meru & 6 others
Respondent
Fridah Kananu
Interested Party
Austin Mwenda
Interested Party
Bridget Kinya
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Ex Parte Orders and Dismissal for Want of Prosecution/abandonment
Legal Issues
- 1 Whether the ex parte orders issued on 5 October 2025 should be vacated
- 2 Whether the Petition should be dismissed for want of prosecution or abandonment
- 3 Who should bear costs
Ratio Decidendi
The Petitioner and counsel ceased attending court from 16 April 2026, indicating abandonment of the Petition; the court therefore vacated the ex parte orders of 5 October 2025 and dismissed the Petition with costs to the 1st and 2nd Respondents.
Court Disposition
Petition dismissed; ex parte orders vacated; costs awarded to the 1st and 2nd Respondents
Orders
- The ex parte orders issued on 5/10/2025 are vacated.
- The Petition is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Murithi v Catholic Diocese of Meru & 6 others; Kananu & 2 others (Interested Parties) (Petition E030 of 2025) [2026] KEHC 6573 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 6573 (KLR) Republic of Kenya In the High Court at Meru Petition E030 of 2025 SM Githinji, J May 14, 2026 Between Thomas Mwiraria Murithi Petitioner and The Catholic Diocese of Meru & 6 others Respondent and Fridah Kananu Interested Party Austin Mwenda Interested Party Bridget Kinya Interested Party Ruling 1.Exparte orders were issued in this matter on 5/10/2025. There are accumulating bills at the morgue where the body is preserved of which we are told is upto the tune of 415,800/-. 2.Since 16th April, 2026 Mr. Oriku for the Petitioner does not attend Court and neither does the Petitioner himself attend. They appear to have lost interest in the Petition but are shy of indicating so. Pendancy of the Petition is wasting Court’s and parties time and other resources. There’s need to bring it to an end. Postmortem was done and probably there’s no pending issue in relation to disposal of the deceased’s body. 3.In the light of the foregoing I do vacate the orders of 5/10/2025 and dismiss the Petition with costs to 1st and 2nd Respondents. DATED AND DELIVERED AT MERU THIS 14TH DAY OF MAY, 2026.S.M. GITHINJIJUDGE14/5/2026