[2011] KEHC 1411 (KLR)
The court found that the applicant had not complied with its order of 16th March, 2011 to file a further affidavit and submissions, as the documents were missing from the court file. The court granted the applicant a further 7 days to comply, warning that failure to do so would result in the court delivering its...
Source-derived case information.
- Citation
- [2011] KEHC 1411 (KLR)
- Parties
- Applicant: Patrick Mwangi Wanyoko; Respondent: The Secretary, Public Service Commission & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 48 of 2010
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Compliance With Court Orders Regarding Filing of Further Affidavit and Submissions
- Outcome
- Interlocutory directions issued; compliance period extended by 7 days.
- Judges
- DK Musinga
- Legal Topics
- Affidavit Filing, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mwangi Wanyoko
Applicant
The Secretary, Public Service Commission & Another
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Compliance With Court Orders Regarding Filing of Further Affidavit and Submissions
Legal Issues
- 1 Whether the applicant has complied with the court's order to file a further affidavit and submissions within the stipulated time.
- 2 What consequences should follow if the applicant fails to comply with the court's order.
Ratio Decidendi
The court found that the applicant had not complied with its order of 16th March, 2011 to file a further affidavit and submissions, as the documents were missing from the court file. The court granted the applicant a further 7 days to comply, warning that failure to do so would result in the court delivering its ruling based solely on the documents already on record. The decision was grounded in the need for procedural compliance and the efficient administration of justice.
Court Disposition
Interlocutory directions issued; compliance period extended by 7 days.
Orders
- The applicant's counsel is directed to comply with the court's orders made on 16th March, 2011 within 7 days from 30th June, 2011.
- Failure to comply will result in the court delivering its ruling based on the documents currently on record.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS APPLICATION NO. 48 OF 2010
PATRICK MWANGI WANYOKO.................................................................................PLAINTIFF/APPLICANT
VERSUS
THE SECRETARY, PUBLIC SERVICECOMMISSION & ANOTHER..........DEFENDANTS/RESPONDENTS
RULING
On 16th March, 2011 this court granted leave to the ex parte applicant to file a further affidavit and submissions before delivery of a final ruling. When the matter was mentioned on 6th June, 2011 Miss Munene who held brief for Mr. Ojienda for the applicant told the court that the applicant’s counsel had filed a further affidavit and submissions. The court then set the 30th June, 2011 as the date for the final ruling.
However, upon perusal of the court file the said documents were missing. I direct the applicant’s counsel to comply with this court’s orders made on 16th March, 2011 within the next 7 days from today, failing which the court will have no alternative but to deliver its ruling on the basis of the documents so far on record.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JUNE, 2011.
D. MUSINGA
JUDGE