[2024] KEHC 13265 (KLR)
The court found that there had been no activity in the matter for nearly six years since the last direction was issued to amend the Motion and join necessary parties. Despite several notices to show cause, neither the parties nor their counsel appeared or provided any explanation for the delay. The court concluded...
Source-derived case information.
- Citation
- [2024] KEHC 13265 (KLR)
- Parties
- Applicant: Republic; Respondent: Registrar of Companies; Applicant: John Rimui Waweru
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 26 of 2017
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review Procedure, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Registrar of Companies
Respondent
John Rimui Waweru
Applicant
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to prolonged inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity in the matter for nearly six years since the last direction was issued to amend the Motion and join necessary parties. Despite several notices to show cause, neither the parties nor their counsel appeared or provided any explanation for the delay. The court concluded that the parties had lost interest in prosecuting the matter. To promote the efficient administration of justice and reduce case backlog, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Registrar of Companies; Waweru (Exparte Applicant) (Judicial Review 26 of 2017) [2024] KEHC 13265 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13265 (KLR)
Republic of Kenya
In the High Court at Kiambu
Judicial Review 26 of 2017
DO Chepkwony, J
October 28, 2024
IN THE MATTER OF: AN APPLICATION FOR LEAVE TO COMMENCE PROCEEDINGS IN TH ENATURE OF JUDICIAL REVIEW
AND
IN THR MATTER OF: SECTIONS 8 AND 9 OF THE LAW REFORM ACT (CAP 26) LAWS OF KENYA
AND IN THE MATTER OF: AN APPLICATION FO RLEAVE TO APPLY FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF: CAP 486 LAWS OF KENYA AND IN THE MATTER OF: REGISTRAR OF COMPANIES AND IN THE MATTER OF: CHIEF MAGISTRATE’S COURT, CRIMINAL CASE NO.2033 OF 2011 AT THIKA AND IN THE MATTER OF: REGISTRATION OF DIRECTORS OF GITHUNGURI CONSTITUENCY RANCHING COMPANY AND IN THE MATTER OF: ARTICLES 22(1), (2)(a)(b) (c), 23(1), 27(1)(2) OF THE CONSTITUTION OF KENYA, 2010
Between
Republic
Applicant
and
The Registrar of Companies
Respondent
and
John Rimui Waweru
Exparte Applicant
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been issued upon the parties on 23rd October, 2023, 8th February, 2024 and 24th September, 2024 respectively. There is no appearance by either party nor their respective counsel. There is even no representation to explain the absence.
2. I have perused the court record and established that the last time there was any activity on the matter was on 27th November, 2018, when the court directed that the Motion be amended to bring in the necessary parties to the suit such as the Company and Attorney General as Interested Parties.
3. It has been almost six (6) years since these direction issued and nothing has been done. This is a clear indication that the parties lost interest in having the matter prosecuted. To unclog the court’s system of this backlog, it is in the interest of justice that the suit be and is hereby dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.
It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 28TH DAY OFOCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant – Martin