Abiud Kitui Wanakai v Chief Magistrate Kibera Law Courts, Director Of Criminal Investigations Department,Commissioner Of Police & Attorney General [2013] KEHC 6485 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

JUDICIAL REVIEW RIGHTS DIVISION

MISC. APPL. NO. 461 OF 2008

BETWEEN

ABIUD KITUI WANAKAI ….................................... APPLICANT

AND

THE CHIEF MAGISTRATE

KIBERA LAW COURTS.....................................1ST RESPONDENT

THE DIRECTOR OF CRIMINAL

INVESTIGATIONS DEPARTMENT..............2ND RESPONDENT

THE COMMISSIONER OF POLICE ................3RD RESPONDENT

THE ATTORNEY GENERAL ..............................4THRESPONDENT

RULING

This matter was fixed for hearing today 7th August 2013.  The exparte applicants advocates, J N Njanja & Co. Advocates were duly served and acknowledged service on 5th June 2013.  Neither the exparte applicant nor advocate is present.  As the matter has not been prosecuted since 2008 and there have been orders of stay, the Notice of Motion dated 11th November 2008 be and is hereby dismissed with costs to all parties.  The interim orders in place are discharged.

DELIVERED and DATED at NAIROBI this 7th August 2013

D.S. MAJANJA

JUDGE