[2021] KEHC 9324 (KLR)
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondents with the Chamber Summons application and submissions. As there was no evidence of compliance or prosecution of the matter, the court exercised its discretion to dismiss the suit for want of prosecution. The...
Source-derived case information.
- Citation
- [2021] KEHC 9324 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General; Respondent: Principal Secretary Ministry of Labour, Social Protection and Services; Respondent: Nairobi County Director of Social Services; Respondent: Alexander Hoops Shihemi; Applicant: Peter Njoroge Kanika & Peter Gitau Muiruri, Trustees O/B of Sowesava Self Help Group
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E079 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Attorney General
Respondent
Principal Secretary Ministry of Labour, Social Protection and Services
Respondent
Nairobi County Director of Social Services
Respondent
Alexander Hoops Shihemi
Respondent
Peter Njoroge Kanika & Peter Gitau Muiruri, Trustees O/B of Sowesava Self Help Group
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicants complied with the court's directive to serve the Respondents with the application and submissions.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondents with the Chamber Summons application and submissions. As there was no evidence of compliance or prosecution of the matter, the court exercised its discretion to dismiss the suit for want of prosecution. The dismissal was made without an order as to costs, and the Deputy Registrar was directed to notify the parties accordingly.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISCELLANOUS APPLICATION NO. E079 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE TO INSTITUTE JUDICIAL REVIEW PROCEEDINGS FOR ORDERS OF MANDATORY INJUNCTION AND DECLARATION
BETWEEN
REPUBLIC..........................................................................................APPLICANT
VERSUS
THE ATTORNEY GENERAL..................................................1ST RESPONDENT
THE PRINCIPAL SECRETARY MINISTRY OF LABOUR,
SOCIA L PROTECTION AND SERVICES............................2ND RESPONDENT
THE NAIROBI COUNTY DIRECTOR
OF SOCIAL SERVICES............................................................3RD RESPONDENT
ALEXANDER HOOPS SHIHEMI...........................................4TH RESPONDENT
EX PARTE:
PETER NJOROGE KANIKA&:PETER GITAU MUIRURI
TRUSTEES 0/B OF SOWESAVA SELF HELP GROUP
RULING
1. On 21st December 2020, this Court directed the ex parte Applicants herein to serve the Respondents with their Chamber Summons application dated 14th December 2020 and submissions thereon, for inter partes hearing.
2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicants. In the circumstances, I hereby dismiss this suit for want of prosecution, with no order as to costs.
3. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicants and Respondents by electronic mail by close of business on Monday, 1st February 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 28th DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE