Barasa v AIC Kijabe Hospital (Constitutional Petition E008 of 2025) [2025] KEHC 4677 (KLR) (9 April 2025) (Ruling) Neutral citation: [2025] KEHC 4677 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CONSTITUTIONAL PETITION E008 OF 2025 DO CHEPKWONY, J APRIL 9, 2025 IN THE MATTER OF: ALLEGED CONTRAVENTION OF ARTICLES 28, 29(A)(B)(F) AND 39(1)(3) OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF: ARTICLES 1(1)(2), 10, 21, 22, 23, 24, 25, 28, 29, 47, 159 AND 165(3)(A)(B) OF THE CONSTITUTION OF KENYA, 2010. AND IN THE MATTER OF: THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROECEDURE RULES, 2013. AND IN THE MATTER OF: THECONTRAVENTION OF ARTICLES 28, 29(A)(B)(F) AND 39(1)(3) OF THE CONSTITUTION OF KENYA BETWEEN PHYLLIS BARASA ................................................................................. PETITIONER AND AIC KIJABE HOSPITAL ..................................................................... RESPONDENT RULING 1. This matter is scheduled for interparties hearing. However, neither party and or counsel is in attendance. I have checked the Case Tracking System (CTS) and confirm that there is an Affidavit of Service to confirm the application was served upon the Defendant on 5th March, 2025 at 2,53 pm. It is dated 4th April, 2025. There is no response filed by the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4677/eng@2025-04-09 1
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2. There being no appearance by either party and or their counsel, the court is unable to discern their respective intuitions on whether or not they are still interested in prosecuting the application. 3. In the circumstances, the Notice of Motion application dated 18th February, 2025 which was fixed for interparties hearing today is dismissed for non-attendance by either party pursuant to the provision of Order 12 Rule (1) of the Civil Procedure Rules. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 9TH DAY OF APRIL , 2025. 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/2025/4677/eng@2025-04-09 2
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