[2021] KEHC 9408 (KLR)
The court found that the ex parte Applicant failed to comply with its directions to file and serve the substantive Notice of Motion within twenty-one days after leave was granted. As there was no substantive cause pending before the court for hearing, the suit was struck out. The court emphasized the importance of...
Source-derived case information.
- Citation
- [2021] KEHC 9408 (KLR)
- Parties
- Applicant: Republic; Respondent: Kenya Medical Practitioners and Dentist Board; Respondent: Kisumu Specialists Hospital; Respondent: Attorney General; Applicant: Martin Otieno Ngayo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E1133 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Compliance With Leave Directions
- Outcome
- suit struck out for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenya Medical Practitioners and Dentist Board
Respondent
Kisumu Specialists Hospital
Respondent
Attorney General
Respondent
Martin Otieno Ngayo
Applicant
Procedural Posture
Judicial Review Application / Ruling on Compliance With Leave Directions
Legal Issues
- 1 Whether the ex parte Applicant complied with the court's directions to file and serve the substantive Notice of Motion within the stipulated period.
- 2 Whether the suit should be struck out for want of prosecution.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its directions to file and serve the substantive Notice of Motion within twenty-one days after leave was granted. As there was no substantive cause pending before the court for hearing, the suit was struck out. The court emphasized the importance of adhering to procedural requirements and timelines in judicial review proceedings, and exercised its discretion to strike out the matter for want of prosecution, with no order as to costs.
Court Disposition
suit struck out for want of prosecution
Orders
- The suit is struck out for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. E1133 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE
FOR JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
REPUBLIC..........................................................................APPLICANT
VERSUS
KENYA MEDICAL PRACTITIONERS
AND DENTIST BOARD............................................1ST RESPONDENT
KISUMU SPECIALISTS HOSPITAL......................2ND RESPONDENT
ATTORNEY GENERAL............................................3RD RESPONDENT
EX PARTE APPLICANT:
MARTIN OTIENO NGAYO
RULING
1. On 17th November 2020, this Court granted the ex parte Applicant leave to commence proceedings judicial review proceedings against the Respondents for an order of mandamus, and directed the ex parte Applicant to file and serve the substantive Notice of Motion within twenty-one (21) days.
2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicant. The 2nd Respondent has on its part filed a replying affidavit to the application for leave, which had already been decided ex parte by the Court.
3. In the circumstances, as there is no substantive cause pending before this Court for hearing, I hereby strike out this suit with no order as to costs.
4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondents by electronic mail by close of business on Thursday, 28th January 2021.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 26th DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE