[2009] KEHC 4256 (KLR)

[2009] KEHC 4256 (KLR)

The court dismissed the petition because the applicants and their counsel failed to attend the hearing on the appointed date, despite the date having been fixed in the presence of counsel for the petitioner. The absence of the applicants and their legal representatives constituted a lack of prosecution, justifying...

Source-derived case information.

Citation
[2009] KEHC 4256 (KLR)
Parties
Applicant: Paul Kibugi; Applicant: Regina Mung'ara; Applicant: James Wakaba; Respondent: Electoral Commission of Kenya; Respondent: Hon. The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 November 2009
Case Number
Children Miscellaneous Application 60 of 2008
Procedural Posture
Miscellaneous Application / Dismissal of Petition at Hearing
Outcome
Petition dismissed with costs to the 1st respondent.
Judges
JW Nyamu, RPV Wendoh
Legal Topics
Election Petition Dismissal, Costs Award, Absence of Parties
Source Language
english
Administrative Law Election Petitions Election Petition Dismissal Costs Award Absence of Parties

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Parties

Paul Kibugi

Applicant

Regina Mung'ara

Applicant

James Wakaba

Applicant

Electoral Commission of Kenya

Respondent

Hon. The Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Dismissal of Petition at Hearing

Legal Issues

  1. 1 Whether the petition should be dismissed due to non-attendance of the applicants and their counsel at the hearing date.
  2. 2 Whether costs should be awarded to the 1st respondent upon dismissal of the petition.

Ratio Decidendi

The court dismissed the petition because the applicants and their counsel failed to attend the hearing on the appointed date, despite the date having been fixed in the presence of counsel for the petitioner. The absence of the applicants and their legal representatives constituted a lack of prosecution, justifying dismissal under the Civil Procedure Rules. The court further ordered that costs be awarded to the 1st respondent, in line with the principle that costs follow the event. The decision underscores the importance of parties and their advocates attending court as scheduled, and the consequences of non-attendance, including dismissal and liability for costs.

Court Disposition

Petition dismissed with costs to the 1st respondent.

Orders

  • The petition dated 20th February 2008 is dismissed.
  • Costs awarded to the 1st respondent.