[2021] KEHC 7866 (KLR)
The court found that the ex parte Applicant failed to comply with its directions to serve the Respondents and file submissions, despite being granted additional time. There was no record of compliance or any steps taken to prosecute the application. The court exercised its discretion to dismiss the Chamber Summons...
Source-derived case information.
- Citation
- [2021] KEHC 7866 (KLR)
- Parties
- Applicant: Republic; Respondent: Energy and Petroleum Regulatory Authority; Respondent: Director General of the Energy and Petroleum Regulatory Authority; Respondent: Inspector General of Police; Applicant: Ocean Gas Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1114 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Application for Leave; Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Certiorari, Mandamus, Prohibition, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Energy and Petroleum Regulatory Authority
Respondent
Director General of the Energy and Petroleum Regulatory Authority
Respondent
Inspector General of Police
Respondent
Ocean Gas Limited
Applicant
Procedural Posture
Judicial Review Application / Ruling on Application for Leave; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with court directions to serve pleadings and file submissions.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its directions to serve the Respondents and file submissions, despite being granted additional time. There was no record of compliance or any steps taken to prosecute the application. The court exercised its discretion to dismiss the Chamber Summons and the suit for want of prosecution, as the Applicant had not demonstrated any interest in pursuing the matter. No order as to costs was made.
Court Disposition
dismissed for want of prosecution
Orders
- The Chamber Summons dated 9th October 2020 and this suit are dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1114 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW
ORDERS OF CERTIORARI, MANDAMUS, AND PROHIBITION
BETWEEN
REPUBLIC............................................................................................................APPLICANT
VERSUS
THE ENERGYAND PETROLEUM REGULATORY AUTHORITY....1st RESPONDENT
DIRECTOR GENERAL OF THE ENERGY AND
PETROLEUM REGULATORY AUTHORITY.....................................2nd RESPONDENT
THE INSPECTOR GENERAL OFPOLICE.........................................3rd RESPONDENT
EX PARTE APPLICANT:...............................................................OCEAN GAS LIMITED
RULING
1. On 14th October 2020, this Court delivered a ruling directing the ex parte Applicant to serve the Respondent with its application by way of a Chamber Summons dated 9th October 2020 seeking leave to commence judicial review proceedings, and submissions thereon. Despite being granted another opportunity to comply on 14th December 2020, there is still no record of any submissions filed by the ex parte Applicant, nor of service of its pleadings on the Respondent.
2. In the circumstances, I hereby dismiss the Chamber Summons dated 9th October 2020 and 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 Applicant by electronic mail by close of business on Friday, 5th February 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 4TH DAY OF FEBRUARY 2021
P. NYAMWEYA
JUDGE