Kariuki t/a Three Ways Bar, Ting'ang'a & the Veteran Bar Kanunga v County Government of Kiambu & another (Miscellaneous Civil Application E193 of 2025) [2025] KEHC 19266 (KLR) (25 November 2025) (Ruling) Neutral citation: [2025] KEHC 19266 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CIVIL APPLICATION E193 OF 2025 DO CHEPKWONY, J NOVEMBER 25, 2025 BETWEEN STEPHEN RICHU KARIUKI T/A THREE WAYS BAR, TING'ANG'A & THE VETERAN BAR KANUNGA ................................................................. APPELLANT AND THE COUNTY GOVERNMENT OF KIAMBU ......................... 1ST RESPONDENT THE KIAMBU SUB-COUNTY ALCOHOLIC DRINKS REGULATORY COMMITTEE ................................................................................. 2ND RESPONDENT RULING 1. 2. Before this court for determination is the Notice of Motion application dated 30th September, 2025 which seeks orders:a. That this Honourable court be pleased to set aside the orders made on 25th September, 2025 dismissing the applicant’s application dated 8th September, 2025 for want of prosecution. b. That the Applicant’s said application be reinstated and fixed for hearing on merits. c. That the costs of this application be in the cause. The application is based on the grounds set out on its face and the Supporting Affidavit of Muchai Mwangi sworn on 30th September, 2025. According to the Applicant, this matter was fixed for mention for directions to issue on 25th September, 2025 but was dismissed for non- attendance. The Counsel for the Applicant has deponed that he was unable to log onto court virtual platform due to unforeseen internet connectivity issues which was beyond his control. He then holds that the failure to attend the court’s virtual platform was https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19266/eng@2025-11-25 1
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not intentional as he is still keen on prosecuting the application. He contends that the application raises triable issues which ought to be determined on their merits rather than be shanned from the seat of justice as the Applicants stand to suffer irreparable loss. The Applicant thus prays that the court reinstates the application. The Application was served upon the Respondent as indicated in the Affidavit of Service sworn by Muchai Mwangi on 9th October, 2025. 3. However, the court has read the same and notes that the application was served upon the Office of Director of Public Prosecutions in Kiambu through its email address being kiambu@odpp.go.ke yet the Director of Public Prosecutions is not named as a party in the case, which renders the service not proper. 4. For this reason, the Court directs that:a. The Applicant serves the Respondents in this case with the Notice of Motion application dated 30th September, 2025 within three (3) days from the date of this ruling. b. Upon being served with the said application, the Respondents to rile and serve a Replying Affidavit within seven (7) days of being served with the application. c. Thereafter, the parties to file and exchange written submissions in canvassing the application. d. The Applicant is granted leave to file and serve a further affidavit, if need be alongside written submissions within fourteen (14) days upon being served with a Replying Affidavit. e. The Respondent is equally granted corresponding leave to file and serve written submissions within fourteen (14) days upon being served with submissions by the Applicants. f. Mention on 28th January, 2026 for parties to confirm compliance and further directions. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 25TH DAY OF NOVEMBER, 2025. D. O. CHEPKWONY JUDGE In the presence: Mr. Muchai Mwangi counsel for Applicant Court Assistant – Martin/Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19266/eng@2025-11-25 2
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