African Centre for Corrective & Preventive Action & 3 others v Attorney General & 2 others [2024] KEHC 15055 (KLR)

African Centre for Corrective & Preventive Action & 3 others v Attorney General & 2 others (Constitutional Petition E037 of 2023) [2024] KEHC 15055 (KLR) (21 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15055 (KLR)

Republic of Kenya

In the High Court at Kiambu

Constitutional Petition E037 of 2023

DO Chepkwony, J

November 21, 2024

Between

African Centre for Corrective & Preventive Action

1st Petitioner

Anne Wangari Kariti

2nd Petitioner

Nzivu Kayatwa Kimeu

3rd Petitioner

Esther Nyambura Kimani

4th Petitioner

and

Hon Attorney General

1st Respondent

Cabinet Secretary, Ministry Of Health

2nd Respondent

Kenya Medical Practitioners and Dentist Council

3rd Respondent

Ruling

1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, the Notice of Show Cause having been taken out on 29th April, 2024, and extended on 28th May, 2024, 24th June, 2024, 30th September, 2024 and 7th November, 2024.

2. On all these occasions, it is noted that neither party nor their respective counsel attended court in response to this Notice. The Notice to Show Cause was issued after the court observed that there had been no activity on the matter since directions issued on the Notice of Motion application dated 12th July, 2023 on 14th July, 2023. It is also note-worthy that there has been no attendance by the parties and or counsel on any of the days the matter has been fixed for mention since 14th July, 2023.

3. This being the case, it is indication that the Petitioners lost interest in having the suit prosecuted.

4. This court therefore finds it prudent to unclog the system of backlog and proceeds to dismiss the suit for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 21ST DAY OF NOVEMBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and either partyCourt Assistant - Martin