[2021] KEHC 9253 (KLR)
The court found that the ex parte Applicant failed to comply with its directions to file and serve submissions within the granted period. This non-compliance prevented the Respondent from filing submissions in reply. As a result, the court exercised its discretion to dismiss the substantive Notice of Motion for...
Source-derived case information.
- Citation
- [2021] KEHC 9253 (KLR)
- Parties
- Applicant: Republic; Respondent: The Principal Secretary, State Department of Early Learning and Basic Education; Applicant: The Kenya Alliance of Non-Formal Schools Welfare Association (KANSWA)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 298 of 2019
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Non Prosecution
- Outcome
- application dismissed for non-prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Principal Secretary, State Department of Early Learning and Basic Education
Respondent
The Kenya Alliance of Non-Formal Schools Welfare Association (KANSWA)
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Non Prosecution
Legal Issues
- 1 Whether the ex parte Applicant complied with the court's directions to file and serve submissions within the stipulated period.
- 2 Whether the substantive Notice of Motion should be dismissed for non-prosecution due to non-compliance.
Ratio Decidendi
The court found that the ex parte Applicant failed to comply with its directions to file and serve submissions within the granted period. This non-compliance prevented the Respondent from filing submissions in reply. As a result, the court exercised its discretion to dismiss the substantive Notice of Motion for non-prosecution, emphasizing the importance of adhering to procedural timelines and court orders to ensure the efficient administration of justice.
Court Disposition
application dismissed for non-prosecution
Orders
- The ex parte Applicant’s substantive Notice of Motion dated 28th February 2020 is dismissed for non-prosecution with no order as to costs, and this file is hereby marked as closed.
- 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 Friday, 22nd January 2021.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. 298 OF 2019
IN THE MATTER OF AN APPLICATION FOR ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
REPUBLIC...............................................................................................................................APPLICANT
VERSUS
THE PRINCIPAL SECRETARY,STATE DEPARTMENTOF
EARLY LEARNING AND BASIC EDUCATION...........................................................RESPONDENT
EX PARTE APPLICANT:
THE KENYA ALLIANCE OF NON-FORMAL SCHOOLS WELFARE ASSOCIATION(KANSWA)
RULING
1. This matter was coming up for reservation of a judgment date after parties were directed to file and serve their respective submissions on the ex parte Applicant’s substantive Notice of Motion dated 28th February 2020. Upon perusal of the court record, I note that there has been no compliance on the part of the ex parte Applicant, who had been granted the last opportunity to file and serve its submissions within fourteen (14) days on 12th November 2020. In effect, the outcome of the non-compliance is that the Respondent is also not able to file any submissions in reply.
2. In the premises I accordingly order as follows:
I.The ex parte Applicant’s substantive Notice of Motion dated 28th February 2020 is dismissed for non-prosecution with no order as to costs, and this file is hereby marked as closed.
II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to theex parte Applicant and Respondents by electronic mail by close of business on Friday, 22nd January 2021.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 21ST DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE