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Original judgment

Republic v The Principal Secretary, Ministry of Industrialization, Trade and Enterprise Development & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. MISC E060 OF 2021 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION BETWEEN REPUBLIC.....................................................................................APPLICANT VERSUS THE PRINCIPAL SECRETARY, MINISTRY OF INDUSTRIALIZATION, TRADE AND ENTERPRISE DEVELOPMENT............................................1 ST RESPONDENT THE SECRETARY, PUBLIC SERVICE COMMISSION....2ND RESPONDENT THE CHIEF EXECUTIVE OFFICER MICRO AND SMALL ENTERPRISE AUTHORITY...........3RD RESPONDENT EX PARTE APPLICANTS: 1. CHARLES MWANGI WAITHAKA 2. CHARLES KALOMBA SHIRAHO RULING NO. 2 1. On 26th April 2021, this Court directed the ex parte Applicants herein to serve the Respondents with the Chamber Summons dated 22nd April 2021 and skeletal submissions thereon, for a virtual inter partes hearing of the said application today. 2. Upon perusal of the Court record, I note that the ex parte Applicants have not complied with the said directions, and have not provided evidence of service on the Respondents. The ex parte Applicants were also not in attendance at the virtual hearing held by video-link today. 3. In the premises I hereby order as follows: I. This suit is hereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed. II. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicants by electronic mail by close of business on Thursday, 20th May 2021. 4. Orders accordingly. DATED AND SIGNED THIS 19TH DAY OF MAY 2021

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P. NYAMWEYA JUDGE

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