Catherine Kanyiri Nduati v Stewart Robert Wairumbi Thagichu & 1 other

Nduati v Thagichu & another (Miscellaneous Application E027 of 2024) [2025] KEHC 1027 (KLR) (16 January 2025) (Ruling) Neutral citation: [2025] KEHC 1027 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS APPLICATION E027 OF 2024 DO CHEPKWONY, J JANUARY 16, 2025 BETWEEN CATHERINE KANYIRI NDUATI ......................................................... APPLICANT AND STEWART ROBERT WAIRUMBI THAGICHU ........................ 1ST RESPONDENT BENJAMIN MUKIRI KIMANI ................................................... 2ND RESPONDENT RULING 1. This matter is for mention for parties to confirm compliance of directions issued on 29th October, 2024, in respect of a Notice of Motion Application dated 12th March, 2024, vide a consent order adopted by this court on 29th October, 2024, in the presence of counsel for all the parties herein. 2. Upon listening to counsel for the Respondent, Mr. Mwangi, I have perused the court record and confirm that the orders and directions agreed upon by the counsel for the parties are yet to be complied. 3. It is also worth noting that the Applicant’s Counsel is not in attendance and neither has he sent representation to explain the non – compliance or their absence. 4. In the circumstances, since the directions and orders vide the consent adopted on 29th October, 2024, were time bound and have not been complied with, it is hereby ordered that: a. The Notice of Motion Application dated March 12, 2024, is hereby dismissed and orders/ directions issued on October 29, 2024, set aside and or vacated. b. The Respondent be at liberty to execute the judgment and decree in Limuru SPM Civil Case No. 289 of 2020. c. The costs of the application to be borne by the Applicant. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/1027/eng@2025-01-16 1

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