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Original judgment

Alexander Mugendi & 1 other v Director of Kenya Forest Services & 6 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT CHUKA CHUKA ELC CASE NO 30 OF 2017 FORMERLY MERU ELC CASE NO.98 OF 2014 ALEXANDER MUGENDI.....................................................1ST PLAINTIFF EDWARD MUTWIRI MBUKO.............................................2ND PLAINTIFF VERSUS DIRECTOR OF KENYA FOREST SERVICES.................1ST DEFENDANT ECOSYSTEM CONSERVATOR THARAKA NORTH....2ND DEFENDANT KOKI TIMBER & SAW MILLER......................................3RD DEFENDANT MJAMBA NJIRU TECHNIQUES......................................4TH DEFENDANT MUNJUS TIMBER & FURNITURE....................................5TH DEFENDANT MT. KENYA EAST ENVIRONMENT CONSERVATION ASSOCIATION.....................................6TH DEFENDANT KAMWERU AUTO GROUP................................................7TH DEFENDANT RULING 1. Notice was issued for parties to come to court on 21.2.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules. 2. On 21.2.2017, despite service, the plaintiff did not turn up in court. M/s Rimita, holding brief for Kiogora Arithi for the plaintiff, asked the court to give Mr. Kiogora 30 days to contact his clients. 3. The 1st and 2nd defendants were represented by advocate Kaimba, holding brief for Joe Kathungu, their advocate. 4. Mr Kaimba told the court that the 1 st and 2nd defendants had filed an application dated 13 th January, 2015 which sought dismissal of the suit for want of prosecution. He told the court that the 1st and 2nd

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defendants sought dismissal with costs to be awarded in their favour. 5. I note that since the suit was filed in June, 2014, the matter has never been placed before a Judicial Officer. 6. I find that the parties have not shown to the satisfaction of the court why this should not be dismissed. 7. This suit is dismissed. 8. Costs are awarded to the 1st and 2nd defendants. 9. It is so ordered. Delivered in open court at Chuka this 28th day of February, 2017 in the presence of: CA: Ndegwa Otieno C h/b Joe Kathungu for the 1st and 2nd defendants Others parties absent P. M. NJOROGE JUDGE

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