Kinyua & another v Chief, Ngewa Location & 2 others (Judicial Review Application E027 of 2023) [2024] KEHC 16846 (KLR) (17 December 2024) (Ruling) Neutral citation: [2024] KEHC 16846 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU JUDICIAL REVIEW APPLICATION E027 OF 2023 DO CHEPKWONY, J DECEMBER 17, 2024 BETWEEN MARGARET MUTHONI KINYUA ................................................ 1ST APPLICANT DAVID GITHINJI KIMANI ............................................................. 2ND APPLICANT AND THE CHIEF, NGEWA LOCATION .............................................. 1ST RESPONDENT JANE WAMBUI ............................................................................. 2ND RESPONDENT THE HON ATTORNEY GENERAL ........................................... 3RD RESPONDENT RULING 1. This matter is scheduled for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been issued and taken out on 18th November, 2024 for service upon the parties and or their counsel. The same was served upon counsel for the Applicant via email on 18th November, 2024. 2. However, neither party nor their respective counsel has filed any response to the Notice to Show Cause nor attended court to explain why the Chamber Summons application dated 27th November, 2023 has never been prosecuted since it was filed on 6th December, 2023. 3. It will be noted that no response was filed and there is no indication that the application was served upon the Respondents. Further, the directions issued on the said application on 6th December, 2023 have never been complied with and neither the Applicant have attended court since the filing of the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16846/eng@2024-12-17 1
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4. In view of the above findings, it is clear that the Applicant and or counsel lost interest in having the application prosecuted. Therefore, to avoid clogging this court’s system with backlog, this suit is hereby dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF DECEMBER, 2024. D. O. CHEPKWONY JUDGE In the presence of: No appearance by and for either party Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16846/eng@2024-12-17 2
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