Alukonya t/a Waigis & 2 others v OCS Muguga Police Station & another (Judicial Review E005 of 2024) [2025] KEHC 19422 (KLR) (3 November 2025) (Ruling) Neutral citation: [2025] KEHC 19422 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU JUDICIAL REVIEW E005 OF 2024 DO CHEPKWONY, J NOVEMBER 3, 2025 IN THE MATTER OF: AN APPLICATION BY MILTON ALUKONYA T/A WAIGIS FOR LEAVE TO COMMENCE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW AND IN THE MATTER OF: AN APPLICATION BY MARY WAMBUI T/A OUR BASE FOR LEAVE TO COMMENCE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW AND IN THE MATTER OF: AN APPLICATION BY FAITH WANJIRU MAIND T/A LUCKY PUB THAMANDA FOR LEAVE TO COMMENCE PROCEEDINGS IN THE NATURE OF JUDICIAL REVIEW AND IN THE MATTER OF: SECTIONS 4(1), 4(3), 4(4) OF THE FAIR ADMINISTRATIVE ACTION ACT, NO.4 OF 2015 AND IN THE MATTER OF: ARTICLES 10(1), 10(2)(B), 47(1) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: THE KIAMBU COUNTY DRINKS CONTROL ACT (REVISED 2022) AND IN THE MATTER OF: UNLAWFUL CLOSURE OF BUSINESS BY THE OCS MUGUGA POLICE STATION BETWEEN MILTON ALUKONYA T/A WAIGIS ............................................... 1ST APPLICANT MARY WAMBUI T/A OUR BASE .................................................. 2ND APPLICANT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19422/eng@2025-11-03 1
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FAITH WANJIRU MAINA T/A LUCKY PUBTHAMANDA ...... 3RD APPLICANT AND OCS MUGUGA POLICE STATION ............................................. 1ST RESPONDENT CHIEF, MUGUGA LOCATION ................................................... 2ND RESPONDENT RULING 1. On 8th May, 2025, this matter came up for mention for parties to show cause why the suit should not be dismissed for want of prosecution. It is confirmed that the Applicants’ counsel, Mr. Gioche, was in attendance and informed the court that he had filed submissions in the matter and proceeded to request for a Ruling date. It is worth noting that this court has issued numerous notices to show cause to the Applicants since the same had been dormant. 2. It is on record that the court has on several dates issued Notices to Show Cause why the suit should not be dismissed for want of prosecution on 11th November, 2024, 16th December, 2024 and 19th February, 2025. Those Notices, it has been confirmed from the record that the Applicants were served through their Advocates, Mr. Gioche & Co. Advocates through their official email, kaniarugioche@gmail.com. However, no responses have been filed todate. 3. Further, the Court has noted that it first issued directions in this matter on 25th June, 2024 and then the parties were all present. However, the Applicant and their Counsel were notably absent on subsequent dates being 21st November, 2024, 16th December, 2024, 19th February, 2025 and 20th March, 2025 and this then prompted the court to issue the Notice to Show Cause why the suit should not be dismissed for want of prosecution. It is evident that the Applicants have not been desirous to prosecute the matter and they have not even attended court or sent representation to demonstrate any reasons why the suit should not be dismissed for want of prosecution. However, in the interest of justice, the Applicant is granted a last chance to ensure their case is prosecuted. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 3RD DAY OF NOVEMBER, 2025. D. O. CHEPKWONY JUDGE In the presence of: M/S Kiarie holding brief for Mr. Imbugwa counsel for the Applicant Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19422/eng@2025-11-03 2
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