Emmanuel Simiyu v The Permanent Secretary Ministry of State For Provincial Administration and Internal Security

Simiyu v Permanent Secretary Ministry of State for Provincial Administration and Internal Security (Judicial Review Miscellaneous Application 196 of 2017) [2025] KEHC 18423 (KLR) (Judicial Review) (15 December 2025) (Ruling) Neutral citation: [2025] KEHC 18423 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW MISCELLANEOUS APPLICATION 196 OF 2017 RE ABURILI, J DECEMBER 15, 2025 BETWEEN EMMANUEL SIMIYU .............................................................................. APPLICANT AND THE PERMANENT SECRETARY MINISTRY OF STATE FOR PROVINCIAL ADMINISTRATION AND INTERNAL SECURITY ..................... RESPONDENT RULING 1. This matter has been in this court since 25/4/2017 and I was the first Judge to handle it on 25/4/2017. Several other Judges have handled it and on 2/12/2021, which is over 4 years ago, A.K. Ndung’u J dismissed the matter for want of prosecution. 2. The dismissal followed the Notice to Show Cause why suit should not be dismissed, issued under Order 17 Rule (2) of the Civil Procedure Rules because the matter had remained dormant from 27/5/2020 which was over one year. The Notice to Show Cause was issued on 17/9/2021 and the dismissal was done on 2/12/2021. 3. I have now seen a notice of intention not to proceed with the execution in the matter and a request for closure of the file, dated 30/9/2025 and received in court on 8/12/2025 by the applicant’s counsel. 4. As the matter was already dismissed for want of prosecution on 2/12/2021 and as there was no revival of the dismissed suit, the question of execution does not arise. 5. Accordingly, this file is hereby marked as closed on account of dismissal of suit for want of prosecution made on 2/12/2021. 6. File is closed. I so order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18423/eng@2025-12-15 1

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