Kisyula & 2 others v Chief Magistrate Court, Kiambu & 4 others; Nzyka & another (Interested Parties) (Judicial Review E005 of 2021) [2024] KEHC 6130 (KLR) (14 May 2024) (Ruling) Neutral citation: [2024] KEHC 6130 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU JUDICIAL REVIEW E005 OF 2021 DO CHEPKWONY, J MAY 14, 2024 BETWEEN ALPHOSE MUTETI KISYULA ......................................................... 1ST APPLICANT JOSHUA MUTETI KILONZO ......................................................... 2ND APPLICANT BENERD MASINGA MALUKI ....................................................... 3RD APPLICANT AND CHIEF MAGISTRATE COURT, KIAMBU ................................. 1ST RESPONDENT HON ATTORNEY GENERAL OF KENYA ............................... 2ND RESPONDENT DIRECTOR OF PUBLIC PROSECUTION ................................ 3RD RESPONDENT NATIONAL POLICE SERVICE ................................................... 4TH RESPONDENT DIRECTOR OF CRIMINAL INVESTIGATION OFFICE ........ 5TH RESPONDENT AND SERAH NZEMBI NZYKA ...................................................... INTERESTED PARTY BENERD MASINGA MALUKI .............................................. INTERESTED PARTY RULING 1. This matter is for mention for parties to show cause why the suit should not be dismisses for want of prosecution, a Notice to Show Cause having issued o 26th October, 2023, Neither party nor their counsel are in attendance. There is even no representation to explain their absence despite the matter having been cause-listed for mention today. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6130/eng@2024-05-14 1
page 1 of 2
2. I have perused the record and established that there has been no activity on the file since 16th March, 2022 when the application dated 3rd August, 2021 came up for hearing but there was no appearance by either party. There is no explanation for failure to have the same prosecuted. 3. There being no appearance by either party and or their counsel and there being no explanation for non-prosecution of the matter, the suit be and is hereby dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules. It is so ordered. RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF__ …MAY….__, 2024. D. O. CHEPKWONY JUDGE In the presence of: No appearance for and by either parties Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6130/eng@2024-05-14 2
page 2 of 2