Nyakio v NCBA Bank Kenya PLC (Constitutional Petition E023 of 2023) [2024] KEHC 14012 (KLR) (6 November 2024) (Ruling) Neutral citation: [2024] KEHC 14012 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CONSTITUTIONAL PETITION E023 OF 2023 DO CHEPKWONY, J NOVEMBER 6, 2024 BETWEEN MACMILLAN KARANU NYAKIO ..................................................... PETITIONER AND NCBA BANK KENYA PLC ................................................................ RESPONDENT RULING 1. When this matter came up before this court on 29th October, 2024, the Petitioner informed the court that there are four applications pending for determination and was thus seeking Directions on their disposal. 2. The Petitioner went ahead to enumerate the following application as pending:a. The Notice of Motion application and Petition dated 4th June, 2024 which seeks about 25 orders and the submissions have been filed thereon and there is an Affidavit of service filed thereon to confirm service upon the Respondents. b. The Notice of Motion application dated 21st June, 2024 which seeks several orders among them that one Mr. Taratso Njuki to desist from taking advantage of the depression being sufiered by his wife Ruth Magiri Kihara. c. The Interested Party filed Notice of Motion application dated 4th July, 2024 seeking to have the said Mr. Taratso Njuki enjoined as interested party in the suit. d. The Notice of Motion application dated 29th July, 2024 seeking to have OCS Githiga Police Station show cause why criminal prosecution should not be pursued against Mr. Taratso Njuki. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14012/eng@2024-11-06 1
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e. 3. The Notice of Motion application dated 16th August, 2024 seeking to have OCS Githiga Police Station show cause why criminal prosecution should not be pursued against Mr. Taratso Njuki, Ruth Magiri Kihara and 3 others among other orders. The court has read through the numerous applications which are all jungled up on the orders that the Petitioner is seeking given that he is self- representing. This court find that either the Petitioner will be given a chance to come to court and do highlighting on the applications so that the court can issue a Ruling date or he takes a date for ruling. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 6TH DAY OF NOVEMBER , 2024. D. O. CHEPKWONY JUDGE In the presence of:Petition in person - present Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14012/eng@2024-11-06 2
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