[2024] KEHC 6682 (KLR)
The court found that the application dated 24th July 2003, seeking judicial review orders of prohibition and mandamus, had never been prosecuted since its filing. In the interest of justice and to prevent unnecessary delay and clogging of the court's docket, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2024] KEHC 6682 (KLR)
- Parties
- Applicant: Republic; Respondent: Attorney General; Respondent: Commissioner of Police; Applicant: Munyao Sila
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 151 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution; file closed; no order as to costs
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Prohibition, Mandamus, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Attorney General
Respondent
Commissioner of Police
Respondent
Munyao Sila
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application for judicial review orders of prohibition and mandamus should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application dated 24th July 2003, seeking judicial review orders of prohibition and mandamus, had never been prosecuted since its filing. In the interest of justice and to prevent unnecessary delay and clogging of the court's docket, the court exercised its discretion to dismiss the application for want of prosecution. The court further ordered that there would be no orders as to costs and directed the file to be closed.
Court Disposition
application dismissed for want of prosecution; file closed; no order as to costs
Orders
- The application dated 24th July 2003 is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Attorney General & another; Sila (Exparte) (Miscellaneous Civil Application 151 of 2003) [2024] KEHC 6682 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6682 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 151 of 2003
RE Aburili, J
June 3, 2024
Between
Republic
Applicant
and
Attorney General
1st Respondent
Commissioner of Police
2nd Respondent
and
Munyao Sila
Exparte
Ruling
1. This is a 2003 matter. The application dated 24th July 2003 which initiated the proceedings for Judicial Review orders of Prohibition and Mandamus has never been prosecuted.
2. It concerned Advocate/Client advocate legal fees in various matters.
3. The application dated 24th July 2003 is hereby dismissed for want of prosecution. No orders as to costs.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE