[2024] KEHC 6517 (KLR)
The court found that the applicant failed to prosecute the Notice of Motion dated 26th August 2022, as no substantive application was filed and no submissions were made despite directions. The absence of prosecution rendered the application liable to dismissal. The court accordingly dismissed the application for...
Source-derived case information.
- Citation
- [2024] KEHC 6517 (KLR)
- Parties
- Applicant: Republic; Respondent: Permanent Secretary National Co-Ordination; Applicant: Thomas Otieno Lango
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 3B of 2022
- Procedural Posture
- Judicial Review / Ruling on Notice of Motion for Leave to File for Order of Mandamus
- Outcome
- application dismissed for want of prosecution
- Judges
- SM Githinji
- Legal Topics
- Judicial Review, Mandamus, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Permanent Secretary National Co-Ordination
Respondent
Thomas Otieno Lango
Applicant
Procedural Posture
Judicial Review / Ruling on Notice of Motion for Leave to File for Order of Mandamus
Legal Issues
- 1 Whether the Notice of Motion seeking leave to file for an order of mandamus should be granted in the absence of a substantive application and submissions.
- 2 Whether failure to prosecute the application warrants its dismissal.
Ratio Decidendi
The court found that the applicant failed to prosecute the Notice of Motion dated 26th August 2022, as no substantive application was filed and no submissions were made despite directions. The absence of prosecution rendered the application liable to dismissal. The court accordingly dismissed the application for want of prosecution.
Court Disposition
application dismissed for want of prosecution
Orders
- The Notice of Motion dated 26th August 2022 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Permanent Secretary National Co-ordination; Lango (Exparte) (Judicial Review 3B of 2022) [2024] KEHC 6517 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6517 (KLR)
Republic of Kenya
In the High Court at Malindi
Judicial Review 3B of 2022
SM Githinji, J
June 6, 2024
Between
Republic
Applicant
and
The Permanent Secretary National Co-Ordination
Respondent
and
Thomas Otieno Lango
Exparte
Ruling
I have gone through the Notice of Motion dated 26thAugust, 2022. It seeks leave to file for an order of Mandamus. However, the said application is not based on a substantive application and though parties were directed to file submissions on 6/5/2024, todate no such submissions have been filed. The application as it stands is not prosecuted and as such it’s dismissed for want of prosecution.
RULING READ, SIGNED AND DELIVERED VIRTUALLY AT MALINDI THIS 6TH DAY OFJUNE, 2024. ********...................................S.M. GITHINJIJUDGEIn the absence of: -PARA 1. Miss Someren/Ojwang for the RespondentPARA 2. Mr Mwandilo for the ApplicantMalindi HC Judicial Review No.3B of 2022 - Ruling Page 2