[2024] KEHC 8392 (KLR)
The court found that the applicant's failure to attend the hearing was due to circumstances beyond his control, specifically poor network connectivity, and not due to any deliberate inaction. The court was satisfied that the respondents were duly served with the application and hearing notice. In the interests of...
Source-derived case information.
- Citation
- [2024] KEHC 8392 (KLR)
- Parties
- Applicant: Isaac Fula Siaka; Respondent: The County Government Of Kakamega; Respondent: The County Director Of Survey Kakamega; Respondent: The Kenya Rural Roads Authority
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 4 of 2020
- Procedural Posture
- Judicial Review / Ruling on Application to Set Aside Dismissal for Want of Prosecution
- Outcome
- application allowed; suit reinstated
- Judges
- AC Bett
- Legal Topics
- Reinstatement of Suit, Dismissal for Want of Prosecution, Judicial Review Procedure
- 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
Isaac Fula Siaka
Applicant
The County Government Of Kakamega
Respondent
The County Director Of Survey Kakamega
Respondent
The Kenya Rural Roads Authority
Respondent
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the order dismissing the suit for want of prosecution should be set aside.
- 2 Whether the applicant has provided sufficient cause for non-attendance at the hearing.
Ratio Decidendi
The court found that the applicant's failure to attend the hearing was due to circumstances beyond his control, specifically poor network connectivity, and not due to any deliberate inaction. The court was satisfied that the respondents were duly served with the application and hearing notice. In the interests of justice, and considering the age of the matter, the court exercised its discretion to set aside the dismissal order and reinstate the suit for hearing. The court also issued directions for the filing and service of written submissions to ensure expeditious disposal of the matter.
Court Disposition
application allowed; suit reinstated
Orders
- The application dated 19/1/2024 is allowed as prayed.
- The order issued on 14/12/2023 dismissing the suit for want of prosecution is set aside.
Full Case Text
Judgment text and source record
23 paragraphs
Siaka v County Government of Kakamega & 2 others (Judicial Review 4 of 2020) [2024] KEHC 8392 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8392 (KLR)
Republic of Kenya
In the High Court at Kakamega
Judicial Review 4 of 2020
AC Bett, J
July 3, 2024
Between
Isaac Fula Siaka
Applicant
and
The County Government Of Kakamega
1st Respondent
The County Director Of Survey Kakamega
2nd Respondent
The Kenya Rural Roads Authority
3rd Respondent
Ruling
1. I have perused the application dated 19/1/2024. The Applicant seeks orders to set aside the order issued on 14/12/2023 dismissing the suit for want of prosecution.
2. The Applicant’s Counsel Mr. Umundi Bw’onchiri avers that he tried to join virtual court on the day of the hearing but his efforts were in vain due to poor network. I am satisfied that the Respondents were duly served with the application and with Hearing Notice for today.
3. I hereby allow the application as prayed. Notice of Motion dated 5/2/2020 is hereby reinstated. The Notice of Motion dated 5/2/2020 is hereby fixed for hearing on 23/9/2024. The Applicant is granted thirty (30) days to file and serve written Submissions upon the Respondent’s Advocates who shall have thirty (30) days to file their written Submissions. This is an old matter; we expect that it shall proceed on that day.
4. Applicant to serve the Respondent with today’s Orders.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 3RD DAY OF JULY, 2024. A. C. BETTJUDGEIn the presence of:Ms. Wanyama for the ApplicantNo appearance for the RespondentCourt Assistant: Polycap