[2021] KEHC 6426 (KLR)
The court found that the ex parte applicants failed to comply with its directions to serve the respondents and did not attend the scheduled hearing. In the absence of compliance and prosecution, the court exercised its discretion to dismiss the suit for want of prosecution, marking the case as closed without an...
Source-derived case information.
- Citation
- [2021] KEHC 6426 (KLR)
- Parties
- Applicant: Republic; Respondent: Principal Secretary, Ministry of Industrialization, Trade and Enterprise Development; Respondent: Secretary, Public Service Commission; Respondent: Chief Executive Officer, Micro and Small Enterprise Authority; Applicant: Charles Mwangi Waithaka; Applicant: Charles Kalomba Shiraho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E060 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Non Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Certiorari, Prohibition, 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
Principal Secretary, Ministry of Industrialization, Trade and Enterprise Development
Respondent
Secretary, Public Service Commission
Respondent
Chief Executive Officer, Micro and Small Enterprise Authority
Respondent
Charles Mwangi Waithaka
Applicant
Charles Kalomba Shiraho
Applicant
Procedural Posture
Judicial Review Application / Ruling on Non Prosecution
Legal Issues
- 1 Whether the ex parte applicants complied with the court's directions to serve the respondents with the application and submissions.
- 2 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the ex parte applicants failed to comply with its directions to serve the respondents and did not attend the scheduled hearing. In the absence of compliance and prosecution, the court exercised its discretion to dismiss the suit for want of prosecution, marking the case as closed without an order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- This suit is hereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte applicants by electronic mail by close of business on Thursday, 20th May 2021.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E060 OF 2021
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
REPUBLIC.....................................................................................APPLICANT
VERSUS
THE PRINCIPAL SECRETARY, MINISTRY OF
INDUSTRIALIZATION, TRADE AND
ENTERPRISE DEVELOPMENT............................................1ST RESPONDENT
THE SECRETARY, PUBLIC SERVICECOMMISSION....2ND RESPONDENT
THE CHIEF EXECUTIVE OFFICER
MICRO AND SMALL ENTERPRISE AUTHORITY...........3RD RESPONDENT
EX PARTE APPLICANTS:
1. CHARLES MWANGI WAITHAKA
2. CHARLES KALOMBA SHIRAHO
RULING NO. 2
1. On 26th April 2021, this Court directed the ex parte Applicants herein to serve the Respondents with the Chamber Summons dated 22nd April 2021 and skeletal submissions thereon, for a virtual inter partes hearing of the said application today.
2. Upon perusal of the Court record, I note that the ex parte Applicants have not complied with the said directions, and have not provided evidence of service on the Respondents. The ex parte Applicants were also not in attendance at the virtual hearing held by video-link today.
3. In the premises I hereby order as follows:
I.This suit ishereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.
II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicants by electronic mail by close of business on Thursday, 20th May 2021.
4. Orders accordingly.
DATED AND SIGNED THIS 19TH DAY OF MAY 2021
P. NYAMWEYA
JUDGE