Republic v Public Procurement Administrative Review Board; Trident Insurance Company Limited (Interested Party) Ex parte Accounting Officer, County Assembly of Nyamira & Ag Clerk, County Assembly of Nyamira [2021] KEHC 9251 (KLR)
- Citation
- [2021] KEHC 9251 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- P Nyamweya
- Case number
- Judicial Review Miscellaneous Application E1134 of 2020
- Language
- English
More details
- Court
- High Court
- Panel
- P Nyamweya
- Case number
- Judicial Review Miscellaneous Application E1134 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondent and Interested Party with the Chamber Summons application and submissions. As there was no evidence of compliance or steps taken to prosecute the matter, the court exercised its discretion to dismiss the suit for want of prosecution. The dismissal was made without an order as to costs, and the Deputy Registrar was directed to notify the parties accordingly.
Court disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
- The Deputy Registrar shall send a copy of this ruling to the ex parte Applicants, Respondent, and Interested Party by electronic mail by close of business on Thursday, 28th January 2021.
02
Material facts
Parties
Republic
ApplicantPublic Procurement Administrative Review Board
RespondentTrident Insurance Company Limited
DefendantAccounting Officer, County Assembly of Nyamira
ApplicantAG Clerk, County Assembly of Nyamira
Applicant03
Procedural history
Posture
Judicial Review Miscellaneous Application / Ruling on Want of Prosecution
04
Questions and positions
Legal issues
- 01
Whether the ex parte Applicants complied with the court's directive to serve the Respondent and Interested Party with the application and submissions.
- 02
Whether the suit should be dismissed for want of prosecution due to non-compliance.
Party arguments
- Applicant
- No arguments were presented by the ex parte Applicants as there was no compliance with the court's directive to serve the application and submissions.
- Respondent
- No arguments were recorded from the Respondent or Interested Party due to lack of service and non-compliance by the ex parte Applicants.
05
Court’s reasoning
Legal principles
- 01
Inherent powers of the court; Order 17 of the Civil Procedure Rules.
A suit may be dismissed for want of prosecution where there is failure to comply with court directions or to take necessary steps to progress the matter.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the ex parte Applicants failed to comply with its directive to serve the Respondent and Interested Party with the Chamber Summons application and submissions. As there was no evidence of compliance or steps taken to prosecute the matter, the court exercised its discretion to dismiss the suit for want of prosecution. The dismissal was made without an order as to costs, and the Deputy Registrar was directed to notify the parties accordingly.
Court disposition
suit dismissed for want of prosecution
- The suit is dismissed for want of prosecution.
- No order as to costs.
- The Deputy Registrar shall send a copy of this ruling to the ex parte Applicants, Respondent, and Interested Party by electronic mail by close of business on Thursday, 28th January 2021.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. E1134 OF 2020
BETWEEN
REPUBLIC...........................................................................APPLICANT
VERSUS
PUBLIC PROCUREMENT ADMINISTRATIVE
REVIEW BOARD............................................................RESPONDENT
AND
TRIDENT INSURANCE COMPANY LIMITED....INTERESTED PARTY
EX PARTE:
1. ACCOUNTING OFFICER, COUNTY ASSEMBLY OF NYAMIRA
2. AG CLERK, COUNTY ASSEMBLY OF NYAMIRA
RULING
1. On 18th November 2020, this Court directed the ex parte Applicants herein to serve the Respondent and Interested Party with their Chamber Summons application dated 17th November 2020 and submissions thereon, for inter partes hearing.
2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicants. In the circumstances, I hereby dismiss 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 Applicants, Respondent, and Interested Party by electronic mail by close of business on Thursday, 28th January 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 26th DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.