[2017] KEELC 1409 (KLR)
The court found that proper notice to show cause why the suit should not be dismissed for want of prosecution was issued to the parties. Neither the applicants nor the respondents appeared in court or provided any reasons to oppose the dismissal. In the absence of any steps taken by the parties to prosecute the suit...
Source-derived case information.
- Citation
- [2017] KEELC 1409 (KLR)
- Parties
- Applicant: The Presbyterian Foundation PCEA Iriga Parish Iriga Dispensary; Respondent: Director of Medical Services; Respondent: Meru South County Council; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 3 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Bill of Rights Enforcement, Suit Management, Constitutional Petition Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Presbyterian Foundation PCEA Iriga Parish Iriga Dispensary
Applicant
Director of Medical Services
Respondent
Meru South County Council
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
- 2 Whether proper notice to show cause was issued to the parties.
Ratio Decidendi
The court found that proper notice to show cause why the suit should not be dismissed for want of prosecution was issued to the parties. Neither the applicants nor the respondents appeared in court or provided any reasons to oppose the dismissal. In the absence of any steps taken by the parties to prosecute the suit and no cause being shown, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules to dismiss the suit for want of prosecution. The court emphasized the importance of diligent prosecution of cases and the need to avoid unnecessary delays in the administration of justice.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC PETITION CASE NO. 3 OF 2017
FORMERLY MERU ELC PETITION CASE NO. 4 OF 2010
IN THE MATTER OF THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF VIOLATION OF PROVISIONS OF THE BILL OF RIGHTS AND ENFORCEMENT OF THE SAME
UNDER ARTICLE 23(1) & (3), 258 (1) OF THE CONSTITUTION OF KENYA
AND
RULE 19 OF SIXTH SCHEDULE OF THE TRANSITION AND CONSEQUENTIAL PROVISIONS
BETWEEN
THE PRESBYTERIAN FOUNDATION PCEA IRIGA PARISH
IRIGA DISPENSARY………………………......PETITIONERS
VERSUS
DIRECTOR OF MEDICAL SERVICES…1ST RESPONDENT
MERU SOUTH COUNTY COUNCIL …..2ND RESPONDENT
ATTORNEY GENERAL…………………..3RD RESPONDENT
RULING
1. When the parties were to come to court on 19. 10. 2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.
2. I am satisfied that the apposite notice was properly issued.
3. I find that the parties have failed to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
The suit, therefore, merits dismissal.
4. The suit is dismissed.
5. It is so ordered.
Delivered in open court at Chuka this 19th day of October, 2017.
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE