REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI JUDICIAL REVIEW APPLICATION NO. E1116 OF 2020 IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS BETWEEN MILTON NYAKUNDI ORIKU........................................................................APPLICANT VERSUS THE SPORTS DISPUTES TRIBUNAL.......................................................RESPONDENT RULING NO.2 1. On 4th February 2021, this Court gave the following directions herein: i. The ex parte Applicant shall serve the Respondent with (i) the Chamber Summons dated 12 th October 2020, (ii) the submissions dated 10th January 2021 on the said Chamber Summons (iii) a copy of these directions and (iv) a hearing notice with twenty-one (21) days of today’s date. ii. The parte Applicant shall also file an affidavit attesting to service on the Respondent of the said pleadings and documents within the said twenty-one (21) days. iii. In the event of non-compliance by the ex parte Applicant, the Chamber Summons dated 12 th October 2020 shall be liable to dismissal for non- prosecution. iv. The Respondent is granted leave to file and serve its responses to the Chamber Summons dated 12 th October 2020 and skeletal submissions thereon within twenty-one (21) days of service by the ex parte Applicant. v. The Chamber Summons dated 12th October 2020 shall be heard on 22nd April 2021. 2. Upon perusal of the Court record there is no affidavit filed attesting to such service, and there is no response filed by the Respondent. It is also notable that this is the third instance there has been non-compliance by the ex parte Applicant with the directions of the Court. 3. In the circumstances, I hereby order as follows: i. The ex parte Applicant’s Chamber Summons dated 12th October 2020 is hereby dismissed for non-compliance and nonprosecution, with no order as to costs. 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 Applicant and Respondent by electronic mail by close of business on Friday, 23rd April 2021. 4. Orders accordingly. DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF APRIL 2021
page 1 of 2
P. NYAMWEYA JUDGE
page 2 of 2