[2024] KEHC 13966 (KLR)
The court found that, given the multiplicity and complexity of the pending applications filed by the self-represented petitioner, it was necessary to provide procedural clarity. The court determined that the petitioner should either be given an opportunity to highlight the applications in court or take a date for...
Source-derived case information.
- Citation
- [2024] KEHC 13966 (KLR)
- Parties
- Applicant: Macmillan Karanu Nyakio; Respondent: NCBA Bank Kenya Plc
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E019 of 2023
- Procedural Posture
- Constitutional Petition / Directions on Pending Applications
- Outcome
- Directions issued for disposal of pending applications.
- Judges
- DO Chepkwony
- Legal Topics
- Right to Fair Hearing, Joinder of Parties, Self Represented Litigants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Macmillan Karanu Nyakio
Applicant
NCBA Bank Kenya Plc
Respondent
Procedural Posture
Constitutional Petition / Directions on Pending Applications
Legal Issues
- 1 Whether the court should give directions on the disposal of multiple pending applications filed by the petitioner.
- 2 Whether the petitioner should be allowed to highlight the applications in person or take a date for ruling.
Ratio Decidendi
The court found that, given the multiplicity and complexity of the pending applications filed by the self-represented petitioner, it was necessary to provide procedural clarity. The court determined that the petitioner should either be given an opportunity to highlight the applications in court or take a date for ruling, thereby ensuring that the applications are disposed of in an orderly and fair manner. This approach upholds the right to be heard and the need for efficient case management.
Court Disposition
Directions issued for disposal of pending applications.
Orders
- The petitioner may come to court to highlight the applications or take a date for ruling.
Full Case Text
Judgment text and source record
18 paragraphs
Nyakio v NCBA Bank Kenya PLC (Constitutional Petition E019 of 2023) [2024] KEHC 13966 (KLR) (6 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13966 (KLR)
Republic of Kenya
In the High Court at Kiambu
Constitutional Petition E019 of 2023
DO Chepkwony, J
November 6, 2024
Between
Macmillan Karanu Nyakio
Petitioner
and
Ncba Bank Kenya Plc
Respondent
Ruling
1. When this matter came up before this court on 29th October, 2024, the Petitioner informed the court that there are four applications pending for determination and was thus seeking Directions on their disposal.
2. The Petitioner went ahead to enumerate the following application as pending:-a.The Notice of Motion application and Petition dated 4th June, 2024 which seeks about 25 orders and the submissions have been filed thereon and there is an Affidavit of service filed thereon to confirm service upon the Respondents.b.The Notice of Motion application dated 21st June, 2024 which seeks several orders among them that one Mr. Taratso Njuki to desist from taking advantage of the depression being suffered by his wife Ruth Magiri Kihara.c.The Interested Party filed Notice of Motion application dated 4th July, 2024 seeking to have the said Mr. Taratso Njuki enjoined as interested party in the suit.d.The Notice of Motion application dated 29th July, 2024 seeking to have OCS Githiga Police Station show cause why criminal prosecution should not be pursued against Mr. Taratso Njuki.e.The Notice of Motion application dated 16th August, 2024 seeking to have OCS Githiga Police Station show cause why criminal prosecution should not be pursued against Mr. Taratso Njuki, Ruth Magiri Kihara and 3 others among other orders.
3. The court has read through the numerous applications which are all jungled up on the orders that the Petitioner is seeking given that he is self- representing. This court find that either the Petitioner will be given a chance to come to court and do highlighting on the applications so that the court can issue a Ruling date or he takes a date for ruling.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 6TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-Petition in person - presentCourt Assistant - Martin