[2024] KEHC 7542 (KLR)
The court found that there had been no activity on the file since July 18, 2023, and neither party appeared or provided any explanation for their absence despite being served with a mention notice. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit...
Source-derived case information.
- Citation
- [2024] KEHC 7542 (KLR)
- Parties
- Applicant: Republic; Respondent: Inspector General Of Police; Respondent: Paschal Omondi; Respondent: Chief Magistrate - Thika Law Courts, Thika; Respondent: Attorney General; Applicant: Risper Awuor Onng’njo
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 19 of 2019
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review Procedure, Order 17 Rule 2, Case Inactivity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Inspector General Of Police
Respondent
Paschal Omondi
Respondent
Chief Magistrate - Thika Law Courts, Thika
Respondent
Attorney General
Respondent
Risper Awuor Onng’njo
Applicant
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity on the file since July 18, 2023, and neither party appeared or provided any explanation for their absence despite being served with a mention notice. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, as there was no evidence of interest in pursuing the matter by either party.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
28 paragraphs
Republi v Inspector General of Police & 3 others; Onng’njo (Exparte Applicant) (Judicial Review 19 of 2019) [2024] KEHC 7542 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7542 (KLR)
Republic of Kenya
In the High Court at Kiambu
Judicial Review 19 of 2019
DO Chepkwony, J
June 5, 2024
IN THE MATTER OF: AN APPLICATION BY RISPER AWUOR ONNG’NJO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF: ORDER 53 CIVIL PROCEDURE RULES, CAP 21 LAWS OF KENYA AND IN THE MATTER OF: THIKA CMCR. MISC. NO.71 OF 2019 & CMCR. MISC. NO.72 OF 2019 BETWEEN
Between
Republi
Applicant
and
Inspector General Of Police
1st Respondent
Paschal Omondi
2nd Respondent
Chief Magistrate - Thika Law Courts, Thika
3rd Respondent
Attorney General
4th Respondent
and
Risper Awuor Onng’njo
Exparte Applicant
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having issued on 25th July, 2023. Neither party are in attendance. There is even no explanation given for their absence despite a mention notice having been issued on 14th February, 2024 for mention on 5th June, 2024.
2. I have perused the record and established that there has been no activity on the file since 18th July, 2023 when the application dated 9th December, 2019 came up for directions. There was no appearance by either party.
3. There being no appearance by either party and there being no explanation for non-prosecution of the matter, the suit be and is hereby dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF JUNE, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin