[2023] KEELC 20025 (KLR)

[2023] KEELC 20025 (KLR)

The court held that the orders of July 27, 2023, which granted leave to the ex parte applicant, were self-executing and explicitly required service of the orders within five days. The applicant failed to serve the 3rd respondent at all and served the 1st and 2nd respondents after the deadline. The court found no...

Source-derived case information.

Citation
[2023] KEELC 20025 (KLR)
Parties
Applicant: Republic; Respondent: Disciplinary Tribunal; Respondent: Advocates Complaints Commission; Respondent: Wilson Mirangi Wacuka; Applicant: Peter Mathenge Gitonga
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment and Land Judicial Review Case E012 of 2023
Procedural Posture
Judicial Review / Ruling on Compliance With Leave and Service Orders
Outcome
suit dismissed for non-compliance with court directions
Judges
LN Mbugua
Legal Topics
Judicial Review Procedure, Leave to Apply, Service of Process, Dismissal for Non Compliance
Source Language
en
Civil Procedure Administrative Law Judicial Review Procedure Leave to Apply Service of Process Dismissal for Non Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Disciplinary Tribunal

Respondent

Advocates Complaints Commission

Respondent

Wilson Mirangi Wacuka

Respondent

Peter Mathenge Gitonga

Applicant

Procedural Posture

Judicial Review / Ruling on Compliance With Leave and Service Orders

Legal Issues

  1. 1 Whether the ex parte applicant complied with the court's order to serve the leave within the stipulated time period.
  2. 2 Whether failure to serve the orders within 5 days warranted dismissal of the suit.

Ratio Decidendi

The court held that the orders of July 27, 2023, which granted leave to the ex parte applicant, were self-executing and explicitly required service of the orders within five days. The applicant failed to serve the 3rd respondent at all and served the 1st and 2nd respondents after the deadline. The court found no evidence of compliance with its directions. In accordance with the ELC Practice Directions and established case law, such non-compliance results in the automatic lapse of leave and necessitates dismissal of the suit. The court therefore dismissed the suit for failure to comply with its directions on timely service.

Court Disposition

suit dismissed for non-compliance with court directions

Orders

  • The suit is hereby dismissed for non-compliance with the court's directions regarding service of the leave orders.