[2025] KEHC 1027 (KLR)
The court found that the parties, specifically the Applicant, had failed to comply with the directions and orders issued by consent on 29th October, 2024. The Applicant's counsel was absent and no explanation for non-compliance was provided. Given that the consent orders were time-bound and there was no compliance...
Source-derived case information.
- Citation
- [2025] KEHC 1027 (KLR)
- Parties
- Applicant: Catherine Kanyiri Nduati; Respondent: Stewart Robert Wairumbi Thagichu; Respondent: Benjamin Mukiri Kimani
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E027 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Compliance With Consent Orders and Dismissal of Application
- Outcome
- application dismissed for non-compliance with consent orders; liberty to execute granted to respondents
- Judges
- DO Chepkwony
- Legal Topics
- Consent Orders, Non Compliance, Dismissal of Application
- 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
Catherine Kanyiri Nduati
Applicant
Stewart Robert Wairumbi Thagichu
Respondent
Benjamin Mukiri Kimani
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Compliance With Consent Orders and Dismissal of Application
Legal Issues
- 1 Whether the parties complied with the directions and orders issued by consent on 29th October, 2024.
- 2 Whether the Notice of Motion Application dated 12th March, 2024, should be dismissed for non-compliance.
- 3 Whether the Respondents should be at liberty to execute the judgment and decree in Limuru SPM Civil Case No. 289 of 2020.
Ratio Decidendi
The court found that the parties, specifically the Applicant, had failed to comply with the directions and orders issued by consent on 29th October, 2024. The Applicant's counsel was absent and no explanation for non-compliance was provided. Given that the consent orders were time-bound and there was no compliance or representation from the Applicant, the court exercised its discretion to dismiss the Notice of Motion Application dated 12th March, 2024, set aside the previous orders, and granted the Respondents liberty to execute the judgment and decree in Limuru SPM Civil Case No. 289 of 2020. The costs of the application were awarded to the Respondents.
Court Disposition
application dismissed for non-compliance with consent orders; liberty to execute granted to respondents
Orders
- The Notice of Motion Application dated March 12, 2024, is dismissed.
- Orders and directions issued on October 29, 2024, are set aside and vacated.
Full Case Text
Judgment text and source record
21 paragraphs
Nduati v Thagichu & another (Miscellaneous Application E027 of 2024) [2025] KEHC 1027 (KLR) (16 January 2025) (Ruling)
Neutral citation: [2025] KEHC 1027 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E027 of 2024
DO Chepkwony, J
January 16, 2025
Between
Catherine Kanyiri Nduati
Applicant
and
Stewart Robert Wairumbi Thagichu
1st Respondent
Benjamin Mukiri Kimani
2nd Respondent
Ruling
1. This matter is for mention for parties to confirm compliance of directions issued on 29th October, 2024, in respect of a Notice of Motion Application dated 12th March, 2024, vide a consent order adopted by this court on 29th October, 2024, in the presence of counsel for all the parties herein.
2. Upon listening to counsel for the Respondent, Mr. Mwangi, I have perused the court record and confirm that the orders and directions agreed upon by the counsel for the parties are yet to be complied.
3. It is also worth noting that the Applicant’s Counsel is not in attendance and neither has he sent representation to explain the non – compliance or their absence.
4. In the circumstances, since the directions and orders vide the consent adopted on 29th October, 2024, were time bound and have not been complied with, it is hereby ordered that: -a.The Notice of Motion Application dated March 12, 2024, is hereby dismissed and orders/directions issued on October 29, 2024, set aside and or vacated.b.The Respondent be at liberty to execute the judgment and decree in Limuru SPM Civil Case No. 289 of 2020. c.The costs of the application to be borne by the Applicant.It is so ordered.
RULING DELIVERED VIRTUALLY VIA MICROSOFT TEAMS, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF JANUARY, 2025. D.O CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantNo appearance for and by ApplicantMr. Mwangi Counsel for Respondent