[2017] KEHC 9095 (KLR)
The court found that neither party appeared nor provided any explanation for their absence despite the matter being scheduled for hearing. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the motion due to non-attendance. The absence of parties without cause is sufficient...
Source-derived case information.
- Citation
- [2017] KEHC 9095 (KLR)
- Parties
- Appellant: Pollynis Ochieng Onyango; Respondent: Joshua Aduma Owuor; Respondent: Orange Democratic Movement Party of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Petition 374 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Motion
- Outcome
- motion dismissed for non-attendance
- Judges
- AO Muchelule
- Legal Topics
- Judicial Review, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pollynis Ochieng Onyango
Appellant
Joshua Aduma Owuor
Respondent
Orange Democratic Movement Party of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion
Legal Issues
- 1 Whether the motion should proceed in the absence of the parties.
- 2 Whether non-attendance by parties warrants dismissal of the motion.
Ratio Decidendi
The court found that neither party appeared nor provided any explanation for their absence despite the matter being scheduled for hearing. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the motion due to non-attendance. The absence of parties without cause is sufficient ground for dismissal of the application.
Court Disposition
motion dismissed for non-attendance
Orders
- The motion is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISC. ELECTION JUDICIAL REVIEW NO. 374 OF 2017
IN THE MATTER OF ARTICLES 22, 33, 35, 38, 47, 48, 50, 73 AND 232 OF THE CONSTITUTION OF KENYA 2010
AND
HIGH COURT PRACTICE AND PROCEDURE RULES
AND
IN THE MATTER OF S. 1A, 1B, 3(a) AND 63€ & ORDER 42 RULE 6 OF THE CIVIL PROCEDURE ACT
AND
IN THE MATTER OF THE ELECTIONS ACT (2011) THE POLITICAL PARTIES ACT (2011), LEADERSHIP & INTEGRITY ACT (2012)
BETWEEN
POLLYNIS OCHIENG ONYANGO..........................................PETITIONER/APPELLANT
VERSUS
JOSHUA ADUMA OWUOR................................................................1ST RESPONDENT
ORANGE DEMOCRATIC MOVEMENT PARTY OF KENYA.............2ND RESPONDENT
ORDER
Date 27. 6.2017 - 3. 00 p.m.
Coram – Before Hon. A.O. Muchelule J
Court clerk – Eric
Parties Absent
COURT – I have been waiting for the parties since 2. 30pm. They are absent without explanation or indication. The motion is dismissed.
A.O. MUCHELULE
JUDGE
27. 6.2017