[2025] KEHC 9034 (KLR)
The court found that there had been no activity in the matter since 21st December, 2023, when the parties sought to withdraw the suit. Neither party nor their counsel attended the mention to provide an explanation for their absence. Applying Order 17 Rule 2 of the Civil Procedure Rules, the court concluded that the...
Source-derived case information.
- Citation
- [2025] KEHC 9034 (KLR)
- Parties
- Plaintiff: Daniel Njinu Waruather; Plaintiff: Samuel Wanyoike Njuguna; Plaintiff: Joseph Mathu Mwai; Plaintiff: Francis Mugane Gathuku; Defendant: Attorney General (Sued for and on Behalf of the Registrar of Societies); Defendant: Peter Githuka Kamani; Defendant: Zipporah Wacheke Mugo; Defendant: John Rugu Njuguna
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E011 of 2023
- Procedural Posture
- Civil Case / Directions; Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Case Management, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Njinu Waruather
Plaintiff
Samuel Wanyoike Njuguna
Plaintiff
Joseph Mathu Mwai
Plaintiff
Francis Mugane Gathuku
Plaintiff
Attorney General (Sued for and on Behalf of the Registrar of Societies)
Defendant
Peter Githuka Kamani
Defendant
Zipporah Wacheke Mugo
Defendant
John Rugu Njuguna
Defendant
Procedural Posture
Civil Case / Directions; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.
- 2 Whether the absence of parties or their counsel at the mention warrants dismissal of the suit.
Ratio Decidendi
The court found that there had been no activity in the matter since 21st December, 2023, when the parties sought to withdraw the suit. Neither party nor their counsel attended the mention to provide an explanation for their absence. Applying Order 17 Rule 2 of the Civil Procedure Rules, the court concluded that the plaintiffs were not interested in prosecuting the suit. Consequently, the suit was dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
31 paragraphs
Waruathe & 3 others (Suing as the Representatives and on Behalf of Two KK Thiririka CFA) v Attorney General (Sued for and on Behalf of the Registrar of Societies) & 3 others (Civil Case E011 of 2023) [2025] KEHC 9034 (KLR) (6 May 2025) (Directions)
Neutral citation: [2025] KEHC 9034 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E011 of 2023
DO Chepkwony, J
May 6, 2025
Between
Daniel Njinu Waruather
1st Plaintiff
Samuel Wanyoike Njuguna
2nd Plaintiff
Joseph Mathu Mwai
3rd Plaintiff
Francis Mugane Gathuku
4th Plaintiff
Suing as the Representatives and on Behalf of Two KK Thiririka CFA
and
Attorney General (Sued for and on Behalf of the Registrar of Societies)
1st Defendant
Peter Githuka Kamani
2nd Defendant
Zipporah Wacheke Mugo
3rd Defendant
John Rugu Njuguna
4th Defendant
Directions
1. This matter is for mention for parties to take directions. However, neither party and or their counsel are in attendance. There is even no representation to explain their absence.
2. I have perused the record and established that there has been no activity on the matter since 21st December, 2023 when the parties sought for the suit to be withdrawn.
3. Pursuant to the provision of Order 17 Rule 2 of the Civil Procedure Rules, it is a clear demonstration of the fact that the Applicant is not interested in the suit and the same is dismissed.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 6TH DAY OF MAY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Martin