[2021] KEHC 9376 (KLR)
The court found that the applicants failed to comply with its directions to file and serve the substantive Notice of Motion and submissions within the prescribed twenty-one days. As a result, there was no pending matter for determination. The court exercised its discretion to dismiss the suit for non-prosecution,...
Source-derived case information.
- Citation
- [2021] KEHC 9376 (KLR)
- Parties
- Applicant: Rev. Simon Ndungu Mungai; Applicant: Pastor Vincent Mungai Ndungu; Respondent: County Government of Kiambu; Respondent: County Finance Officer Kiambu County Government; Respondent: County Secretary Kiambu County Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E055 of 2020
- Procedural Posture
- Judicial Review / Ruling on Non Prosecution
- Outcome
- suit dismissed for non-prosecution
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rev. Simon Ndungu Mungai
Applicant
Pastor Vincent Mungai Ndungu
Applicant
County Government of Kiambu
Respondent
County Finance Officer Kiambu County Government
Respondent
County Secretary Kiambu County Government
Respondent
Procedural Posture
Judicial Review / Ruling on Non Prosecution
Legal Issues
- 1 Whether the applicants complied with the court's directions to file and serve the substantive Notice of Motion and submissions within the stipulated period.
- 2 Whether the suit should be dismissed for non-prosecution due to the applicants' non-compliance.
Ratio Decidendi
The court found that the applicants failed to comply with its directions to file and serve the substantive Notice of Motion and submissions within the prescribed twenty-one days. As a result, there was no pending matter for determination. The court exercised its discretion to dismiss the suit for non-prosecution, marking the file as closed, as the applicants' inaction rendered further proceedings untenable.
Court Disposition
suit dismissed for non-prosecution
Orders
- This suit is dismissed for non-prosecution and the file is marked as closed.
- The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the applicants by electronic mail by close of business on Thursday, 21st January 2021.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISC APPLICATION NO. E055 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR
JUDICIAL REVIEW ORDERS OF MANDAMUS
BETWEEN
REV. SIMON NDUNGU MUNGAI.........................................................................................1ST APPLICANT
PASTOR VINCENT MUNGAI NDUNGU.............................................................................2ND APPLICANT
TRADING AS OVERCOMERS CHRISTIAN MISSIONS & LIVELINK COMMUNICATIONS
VERSUS
COUNTY GOVERNMENT OF KIAMBU........................................................................1ST RESPONDENT
COUNTY FINANCE OFFICER KIAMBU COUNTY GOVERNMENT.....................2ND RESPONDENT
COUNTY SECRETARY KIAMBU COUNTY GOVERNMENT..................................3RD RESPONDENT
RULING NO 2
1. On 2nd November 2020, this Court granted Rev. Simon Ndungu Mungai and Pastor Vincent Ndungu Mungai, the Applicants herein, leave to apply for an order of mandamus directed to the County Finance Officer Kiambu County Government and County Secretary Kiambu County Government, to compel them to honor the decree dated 31st January 2011 by paying the decretal amount and interests as per Certificate of order dated 27th July 2020 amounting to Ksh 4,460. 292.
2. The said Applicants were also directed to file and serve their substantive Notice of Motion and submissions thereon within twenty-one (21) days. Upon perusal of the Court record, I note that there has been no compliance on the part of the Applicants. In effect, the outcome of the non-compliance is that there is no pending matter in this suit for determination by the Court.
3. In the premises I direct and order as follows:
I.This suit is dismissed for non-prosecution and this file is hereby marked as closed.
II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the Applicants by electronic mail by close of business on Thursday, 21st January 2021.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF JANUARY 2021
P. NYAMWEYA
JUDGE