Kariuki v Gaturu

Kariuki v Gaturu (Civil Appeal E066 of 2023) [2025] KEHC 4517 (KLR) (7 April 2025) (Ruling) Neutral citation: [2025] KEHC 4517 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL APPEAL E066 OF 2023 LP KASSAN, J APRIL 7, 2025 BETWEEN SARAH WANGARI KARIUKI .............................................................. APPLICANT AND PETER MACHARIA GATURU ......................................................... RESPONDENT RULING 1. I have read the entire High court file and it is true that the lower court set aside its judgment dated 20/12/2022. I asked for the lower ocurt file to understand the circumstances under which the judgment was set aside but I was only supplied with proceedings up to 23/12/2023. 2. In my ruling which is a sub-suit of application for review, I clearly indicated that I had no typed proceedings and so I was at a disadvantaged position to determine some issues. this has clearly come out. I appreciate that this is among the files that came under RRI and time was of essence. 3. This end, I shall order that the physical lower court file be supplied as soon as possible for me to write the ruling on review. 4. For clarification on awards, I wish to state the following: 1. The throw away costs was 10,000/- and not 15,000/-. 2. This is a Nyeri matter. 3. The ruling was delivered twice; just like all my matters under RRI that is on 3/7/2024 and 14/8/2024. The reason as to why I did this is because many advocates did not turn up on 3/7/2024 which was the first date of judgment. I directed notices be issued for 14/8/2024 for me to re-read the rulings/judgments. 4. (Later) Parties still being absent – lower court file (physical copy) to be availed. Mention 16/6/2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4517/eng@2025-04-07 1

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