Ndungu v Toro & 9 others (Civil Case E016 of 2023) [2025] KEHC 17172 (KLR) (23 October 2025) (Ruling) Neutral citation: [2025] KEHC 17172 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL CASE E016 OF 2023 DO CHEPKWONY, J OCTOBER 23, 2025 BETWEEN DANIEL MUNENE NDUNGU ................................................................. PLAINTIFF AND CATHERINE TORO ........................................................................ 1ST DEFENDANT RICHARD GEORGE ....................................................................... 2ND DEFENDANT JOB OCHOLA .................................................................................. 3RD DEFENDANT BRIAN K ........................................................................................... 4TH DEFENDANT LEONARD NJOROGE .................................................................... 5TH DEFENDANT SAMIKA BUILDING CONSTRUCTION LIMITED .................. 6TH DEFENDANT PINNACLE ENGINEERING SERVICE LIMITED ...................... 7TH DEFENDANT CHARLES MWANGI ....................................................................... 8TH DEFENDANT LAND HOUSING & PHYSICAL PLANNING SECTOR KIAMBU COUNTY GOVERNMENT ............................................................................... 9TH DEFENDANT COUNTY GOVERNMENT OF KIAMBU .................................. 10TH DEFENDANT RULING 1. This court issued Notice to show cause why the suit should not be dismissed for want of prosecution which was slated for mention on 15th October, 2025, on which date, the Plaintiff’s Counsel indicated that he could not attend court since he had been involved in an accident. He stated that he had filed an application dated 14th October, 2025 and also filed Notice of Change of Advocates dated 14th October, 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17172/eng@2025-10-23 1
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2. The Counsel for the 1st Defendant, Mr Njuguna, indicated that the Deputy Registrar, issued a Notice to Show Cause on account on failure by the Counsel of the Plaintiff to comply with directions of the Defendant . In respect to the application he stated that he had just been served and sought leave to file a response. 3. The Counsel for the 8th to 10th Defendants, Ms Muchiri, informed the court that they have filed a Notice of Preliminary Objection dated 2nd October, 2023 on the jurisdiction of the court. 4. In light of the sentiments expressed herein by the Counsel herein, the court finds that Counsel for the Plaintiff was only absent on one occasion which is on 23rd June, 2025 when the court issued the Notice to show cause and therefore the court shall exercise its discretion and set aside the Notice to Show Cause why the suit should not be dismissed for want of prosecution. In exercise of its discretion, the court then proceeded to set aside the Notice to Show Cause as sought for by the Deputy Registrar. 5. Further, the court notes that with the filing of the Notice of Preliminary Objection, it is only prudent that the same should be disposed of first. Therefore, and therefore the following Directions issue:a. The Notice of Preliminary Objection to be canvassed by way of written submissions. b. The 8th to 10th Defendants shall file and serve their submissions within fourteen (14) days. c. The Plaintiff is granted a corresponding leave of fourteen (14) days to file submissions. d. Mention on 24th November, 2025 for parties to confirm filing of submissions and take a ruling date. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 23RD DAY OF OCTOBER ,2025. D. O. CHEPKWONY JUDGE In the presence: Mr. Wangatia counsel for Plaintiff No appearance for and by Defendant Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17172/eng@2025-10-23 2
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