[2024] KEHC 7253 (KLR)
The court found that the applicant failed to comply with its directions to file and serve the application and did not attend court as required. There was no indication of interest in prosecuting the matter. In the absence of compliance and attendance, the court inferred abandonment of the proceedings by the...
Source-derived case information.
- Citation
- [2024] KEHC 7253 (KLR)
- Parties
- Applicant: Senaca East Africa Limited; Respondent: Private Security Regulatory Authority; Respondent: Board of Private Security Regulatory Authority; Respondent: Fazul Mohammed; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E002 of 2023
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Abandonment
- Outcome
- matter marked as abandoned and file closed
- Judges
- PN Gichohi
- Legal Topics
- Judicial Review, Abandonment of Proceedings, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Senaca East Africa Limited
Applicant
Private Security Regulatory Authority
Respondent
Board of Private Security Regulatory Authority
Respondent
Fazul Mohammed
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Abandonment
Legal Issues
- 1 Whether the applicant has prosecuted the matter as directed by the court.
- 2 Whether the matter should be marked as abandoned due to non-compliance and non-attendance.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file and serve the application and did not attend court as required. There was no indication of interest in prosecuting the matter. In the absence of compliance and attendance, the court inferred abandonment of the proceedings by the applicant. Accordingly, the matter was marked as abandoned and the file closed under the provisions of section 1A and 1B of the Civil Procedure Act, which empower the court to facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes and to manage cases actively.
Court Disposition
matter marked as abandoned and file closed
Orders
- The matter is marked as abandoned.
- The file is closed under section 1A and 1B of the Civil Procedure Act.
Full Case Text
Judgment text and source record
31 paragraphs
Senaca East Africa Limited v Private Security Regulatory Authority & 3 others (Judicial Review Miscellaneous Application E002 of 2023) [2024] KEHC 7253 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7253 (KLR)
Republic of Kenya
In the High Court at Nakuru
Judicial Review Miscellaneous Application E002 of 2023
PN Gichohi, J
June 12, 2024
IN THE MATTER OF APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND IN THE MATTER OF ARTICLE 22, 23 & 47 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTION ACT, 2015 AND IN THE MATTER OF THE PRIVATE SECURITY REGULATIONS ACT, 2016 AND IN THE MATTER OF LEGAL NOTICE NO. PSRA/0012024 BETWEEN
Between
Senaca East Africa Limited
Applicant
and
Private Security Regulatory Authority
1st Respondent
Board of Private Security Regulatory Authority
2nd Respondent
Fazul Mohammed
3rd Respondent
Attorney General
4th Respondent
Ruling
1. This matter was brought to court under certificate of urgency by summons dated 9/2/2024 and filed on 12/2/2024.
2. Leave was granted to the Applicant to file for JR but the leave was not to operate as stay.
3. The Applicant was on 15/2/2024 directed to file and serve the same within 10 days.
4. The Respondents were to file and serve their responses within 14 days of service.
5. The matter was scheduled for mention on 18/3/2024 for further directions.
6. However, there was no attendance or indication of compliance with the court’s directions.
7. They are here today despite notice issued that they do attend today.
8. In the circumstances the court takes it that the Applicant has lost interest in the matter and hence abandoned it.
9. In the circumstances the matter is marked as abandoned and file closed under section 1A and 1B of the Civil Procedure Act.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 12TH DAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:N/A for parties.Ruto - Court Assistant.