https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10698
The applicant and her advocate failed to attend court on the hearing date to prosecute the application; therefore, the court dismissed the application for want of prosecution.
Source-derived case information.
- Citation
- [2026] KEHC 10698 (KLR)
- Parties
- Applicant: SALOME MURUNGE WAWERU; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E088 of 2026
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Hearing Date; Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution.
- Judges
- ["DR Kavedza"]
- Legal Topics
- Dismissal for Want of Prosecution, Setting Aside Orders, Non Appearance of Applicant/advocate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SALOME MURUNGE WAWERU
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Hearing Date; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should proceed when neither the applicant nor counsel attended court
- 2 Whether the application should be dismissed for want of prosecution
Ratio Decidendi
The applicant and her advocate failed to attend court on the hearing date to prosecute the application; therefore, the court dismissed the application for want of prosecution.
Court Disposition
Application dismissed for want of prosecution.
Orders
- The application dated 21st January 2026 is dismissed for want of prosecution.
- Orders accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KIBERA** **MISC. CRIMINAL APPLICATION NO. E088 OF 2026** SALOME MURUNGE WAWERU………………..…………...APPLICANT VERSUS REPUBLIC………………………………………………..…….RESPONDENT **RULING** 1. The applicant filed the present application dated 21st January 2026 seeking an order to set aside the orders of the trial. Directions were issued and the application set down for hearing on 16th July 2026. 2. On the said date, neither the applicant nor their advocate was present to prosecute the application. 3. Consequently, the application is dismissed for want of prosecution. Orders accordingly. **Ruling dated and delivered virtually this 16th day of July 2026** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **D. KAVEDZA** **JUDGE**