PCK v JWW (Children's Case 51 of 2019) [2026] KEHC 5000 (KLR) (Family) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 5000 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY CHILDREN'S CASE 51 OF 2019 HK CHEMITEI, J APRIL 16, 2026 BETWEEN PCK ........................................................................................................ RESPONDENT AND JWW ........................................................................................................... APPLICANT RULING 1. In her application dated 11th November 2024 the Applicant seeks orders to have the appeal dismissed for want of prosecution. The application is premised on the grounds thereof and her supporting affidavit. 2. It was her case that ever since the Appellant filed the appeal, he has not taken any steps to prosecute the same hence the need to have it out of the system as it was an abuse of the courts process. 3. The Respondent has opposed the application vide his replying affidavit of 5th March 2025 in which among others he argued that the application was no longer consequential pursuant to the ruling of this court dated 18th September 2024(Musyoki J). 4. The parties were directed to file their submissions which they did and I have perused them as well as the attached authorities. 5. The court has perused the courts record and it appears to me that the ruling of my brother Musyoki J may have determined the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5000/eng@2026-04-16 1
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6. Under order number three the learned judge stated as hereunder. “ In default of compliance with order two above the entire appeal herein shall be deemed dismissed with costs to the Respondent without any further reference to the court.” 7. I have not been presented with any material to indicate that the Respondent complied with the terms of the ruling by depositing the security of Kshs 1,000,000 or at all. The consequence therefore is that the appeal stood dismissed after the expiry of 30 days from 18th September 2024, unless otherwise shown. 8. Consequently, the application is moot for the above reasons. 9. The application is therefore allowed in any event. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 16TH DAY OF APRIL 2026. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5000/eng@2026-04-16 2
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