Applicant v Respondents (Judicial Review)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. 17 OF 2020 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF PROHIBITION AND CERTIORARI BETWEEN JENDIE AUTOMOBILES LIMITED..............................................................APPLICANT VERSUS NATIONAL TRANSPORT AND SAFETY AUTHORITY...............1ST RESPONDENT KENYA BUREAU OF STANDARDS.................................................2 ND RESPONDENT THE CABINET SECRETARY, MINISTRY OF TRANSPORT, INFRASTRUCTURE, HOUSING, URBAN DEVELOPMENT & PUBLIC WORKS.........3RD RESPONDENT RULING 1. The Applicant herein was granted leave by this Court on 23 rd January 2020 to commence judicial review proceedings against the Respondents, and was required to file its substantive Notice of Motion and skeleton submissions thereon, and to serve its pleadings and a mention notice on the Respondents, within fourteen (14) days. On 19 th February 2020, when this matter was mentioned for further directions, the Applicant had not filed its substantive Notice of Motion, nor served the Respondents. 2. The Applicant was thereupon directed upon application, to comply with this Court’s previous directions within fourteen (14) days, failing which this suit would be liable for dismissal. I have perused the Court record, and there is no record of any pleadings filed, or evidence of service by the Applicant. In effect, the outcome of the non-compliance by the Applicant is that there is no pending matter in this suit for determination by the Court. 3. In the premises I direct and order as follows: I. This suit is dismissed for non-prosecution and this file is hereby marked as closed. II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling and the extracted orders to the Applicant by electronic mail by close of business on Thursday, 14th May 2020. Orders accordingly. DATED AND SIGNED AT NAIROBI THIS 13TH DAY OF MAY 2020 P. NYAMWEYA JUDGE