Patrick Ndungu Gaithuma & 2 others v Kungu Muigai & 2 others

Gaithuma & 2 others (Suing as Oficials of Kiama Kia Ma, ‘The National Gikuyu Cultural Association) v Muigai & 2 others (Commercial Suit E003 of 2024) [2025] KEHC 19270 (KLR) (16 October 2025) (Ruling) Neutral citation: [2025] KEHC 19270 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU COMMERCIAL SUIT E003 OF 2024 DO CHEPKWONY, J OCTOBER 16, 2025 BETWEEN PATRICK NDUNGU GAITHUMA ................................................... 1ST PLAINTIFF PATRICK MUIRU KAMUNGUNA .................................................. 2ND PLAINTIFF THOMAS NGUNYI THEURI ............................................................ 3RD PLAINTIFF SUING AS OFFICIALS OF KIAMA KIA MA, ‘THE NATIONAL GIKUYU CULTURAL ASSOCIATION AND KUNGU MUIGAI ............................................................................. 1ST DEFENDANT AMOS MUNYUA ............................................................................. 2ND DEFENDANT SAMUEL KIARIE NJANGIRU ...................................................... 3RD DEFENDANT RULING 1. The matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution. There is no appearance by either party or their respective counsel. There is even no representation to explain their absence. 2. A perusal of the court record shows that the suit herein was initiated by a Notice of Motion application dated 15th March, 2024 whereby directions on its disposal were issued by the court on 18th March, 2024. However, there was no appearance or response by the Respondent. 3. Thereafter, there was no appearance of either party or their advocates, thus a Notice to Show Cause was issue by the court for the parties to show cause why the suit cannot be prosecuted. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19270/eng@2025-10-16 1

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