Mwenda & 2 others v National Nurses Association of Kenya & 5 others (Commercial Case 4 of 2023) [2025] KEHC 19393 (KLR) (9 April 2025) (Ruling) Neutral citation: [2025] KEHC 19393 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU COMMERCIAL CASE 4 OF 2023 DO CHEPKWONY, J APRIL 9, 2025 BETWEEN JANET MUKIRI MWENDA ............................................................... 1ST PLAINTIFF JASON MWENDA MATHIU ............................................................. 2ND PLAINTIFF JONES MURIITHI MWENDA .......................................................... 3RD PLAINTIFF AND NATIONAL NURSES ASSOCIATION OF KENYA & 5 OTHERS & 5 OTHERS & 5 OTHERS ............................................................................................... DEFENDANT RULING 1. This Court had initially issued a Notice to Show Cause dated 11th March, 2025. However, upon considering the record, the court noted that the Notice to Show Cause had not been served upon the proper counsel for the Plaintiff and in a ruling delivered on 9th April, 2025, it ordered the proper counsel to be served. 2. On 12th June, 2025, a fresh Notice to Show Cause was issued and served upon the Plaintiffs’ counsel, Mithega & Kariuki Advocates through their email on 30th June, 2025. When the matter came up on 29th October, 2025 for parties to show cause why the suit should not be dismissed for want of prosecution, only the Respondent’s counsel was present and he urged the court to dismiss the suit accordingly. 3. The court notes that there is no response filed or attendance before it on the part of the Plaintiffs to the Notice to Show Cause. It is clear from the record that the Plaintiffs have not taken any step towards the prosecution of the matter since April, 2024 to date which is a clear indication of their disinterest in having the case prosecuted. This conduct then renders the Notice of Show Cause issued justified. Under Order 17 Rule 2 of the Civil Procedure Rules, the law provides that:[Order 17, Rule 2] Notice to Show Cause why suit should not be dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19393/eng@2025-04-09 1
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2. (1) In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit dismissed, and if cause is not shown to its satisfaction, may dismiss the suit. (2) If cause is shown to the satisfaction of the court it may make such orders as it thinks fit to obtain expeditious hearing of the suit. (3) Any party to the suit may apply for its dismissal as provided in sub-rule 1. (4) The court may dismiss the suit for non-compliance with any direction given under this Order. 4. From the foregoing, it is evident that the Plaintiffs have not been desirous or having the suit prosecuted and neither have they demonstrated any reasons why the same should not be dismissed. Consequently, the Court proceeds to dismiss the suit herein for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules. 5. Be that as it may, given that it is the court which initiated the issuance of the Notice to Show Cause, there shall be no order for costs to the Respondents as they too ought to have moved the court by filing an application for dismissal of the suit when they realised the Plaintiffs were not taking any action to have it prosecuted. They did not. 6. In the resultant, the suit herein is dismissed for want of prosecution with no orders as to costs. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 9TH DAY OF APRIL , 2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19393/eng@2025-04-09 2
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