[2024] KEHC 12695 (KLR)
The court found that the parties had failed to take any steps to prosecute the judicial review application for over 20 years. In the interest of justice and to prevent abuse of the court process, the court exercised its inherent powers and the provisions of the Civil Procedure Rules to dismiss the matter for want of...
Source-derived case information.
- Citation
- [2024] KEHC 12695 (KLR)
- Parties
- Applicant: Republic; Respondent: Senior Resident Magistrate, Vihiga; Applicant: Rev. Elkana Salamba, Jotham Mativa, Rev. Joshua Kipkemei (Suing as the Trustees in perpetuity of P.A.G (K))
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 155 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Certiorari, 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
Senior Resident Magistrate, Vihiga
Respondent
Rev. Elkana Salamba, Jotham Mativa, Rev. Joshua Kipkemei (Suing as the Trustees in perpetuity of P.A.G (K))
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the judicial review application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the parties had failed to take any steps to prosecute the judicial review application for over 20 years. In the interest of justice and to prevent abuse of the court process, the court exercised its inherent powers and the provisions of the Civil Procedure Rules to dismiss the matter for want of prosecution. The file was ordered closed as there was no justification for the prolonged inaction.
Court Disposition
dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Senior Resident Magistrate, Vihiga (Miscellaneous Civil Application 155 of 2002) [2024] KEHC 12695 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12695 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 155 of 2002
RE Aburili, J
October 17, 2024
IN THE MATTER OF AN APPLICATION BY REV. ELKANA SALAMBA, JOTHAM MATIVA, REV. JOSHUA KIPKEMEI (Suing as the Trustees in perpetuity of P.A.G (K) AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARY AND MANDAMUS
Between
Republic
Applicant
and
Senior Resident Magistrate, Vihiga
Respondent
Ruling
1. This is a 2002 Judicial Review matter which was last in court on 19th November 2002.
2. As the parties never took steps to prosecute the matter for over 20 years now, the same is dismissed for want of prosecution and the file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE