[2025] KEHC 868 (KLR)
The court found that the respondents failed to file responses or submissions as directed and did not provide any explanation for the delay. The delay was deemed inordinate and unexplained. The court held that there was no justification for granting further time or for continued mentions of the matter. Accordingly,...
Source-derived case information.
- Citation
- [2025] KEHC 868 (KLR)
- Parties
- Applicant: Kennedy Wainaina Ngenga; Respondent: The County Executive Committee Member, Finance and Economic Planning, Nairobi County Government; Respondent: Chief Officer, Finance Nairobi County Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E014 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Directions and Timelines for Responses/submissions Prior to Contempt Application Determination
- Outcome
- No further time granted for filing responses or submissions; ruling on contempt application scheduled.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus, Contempt of Court, Procedural Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Wainaina Ngenga
Applicant
The County Executive Committee Member, Finance and Economic Planning, Nairobi County Government
Respondent
Chief Officer, Finance Nairobi County Government
Respondent
Procedural Posture
Judicial Review Application / Ruling on Directions and Timelines for Responses/submissions Prior to Contempt Application Determination
Legal Issues
- 1 Whether the respondents have provided sufficient reasons for failing to file responses or submissions within the directed timelines.
- 2 Whether further time should be granted to the respondents to file responses or submissions.
- 3 Whether the court should continue to mention the matter or proceed to rule on the contempt application.
Ratio Decidendi
The court found that the respondents failed to file responses or submissions as directed and did not provide any explanation for the delay. The delay was deemed inordinate and unexplained. The court held that there was no justification for granting further time or for continued mentions of the matter. Accordingly, the court declined to grant any further indulgence to the respondents and fixed a date for ruling on the contempt application.
Court Disposition
No further time granted for filing responses or submissions; ruling on contempt application scheduled.
Orders
- No further time shall be granted to the respondents to file any response or submissions.
- Ruling on the contempt application shall be delivered on 31/3/2025.
Full Case Text
Judgment text and source record
25 paragraphs
Ngenga v County Executive Committee Member, Finance and Economic Planning, Nairobi County Government & another (Judicial Review Application E014 of 2023) [2025] KEHC 868 (KLR) (Judicial Review) (3 February 2025) (Ruling)
Neutral citation: [2025] KEHC 868 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E014 of 2023
RE Aburili, J
February 3, 2025
Between
Kennedy Wainaina Ngenga
Applicant
and
The County Executive Committee Member, Finance and Economic Planning, Nairobi County Government
1st Respondent
Chief Officer, Finance Nairobi County Government
2nd Respondent
Ruling
1. The judgment on mandamus was delivered on 27/3/2023.
2. On 27/6/2024, directions on the disposal of the application dated 25/6/2024 were issued.
3. On 8/10/2024, the file was before Chigiti SC J who directed the matter to be mentioned before Justice Ngaah for further directions and as the Judge was not sitting on the latter date, the mention was fixed for today.
4. It is common knowledge that Ngaah J was on transfer and therefore the Respondents could not have been waiting, from June 2024 todate, to see Justice Ngaah presiding over this matter, in order to file responses and or submissions.
5. No reasons have been advanced for the non-filing of the response and or submissions. The delay is inordinate and not explained.
6. I decline to mention this matter anymore. I further decline to grant any more time to file any response or submissions as nothing prevented the Respondents from filing the responses or submissions, which were not personal to the Judge. Ruling on contempt application shall be on 31/3/2025.
7. The applicant to send submissions filed to annextures@ gmail.com.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE