Counties Efficiency Development v County Government of Nakuru [2015] KEHC 504 (KLR)

IN THE HIGH COURT OF KENYA

AT NAKURU

PETITION 48 OF 2014

COUNTIES EFFICIENCY DEVELOPMENT.........PETITIONER

VERSUS

COUNTY GOVERNMENT OF NAKURU.............RESPONDENT

RULING

It has been agreed and conceded to by all parties that this petition has now been overtaken by events as the process of Wifi connectivity has been commenced in Nakuru Town and is still ongoing.  The only outstanding issue is that of costs.  The petitioners have through their advocate indicted that they no longer wish to pursue this petition.  They ask for cots.

I have perused the petition as well as the replies thereto.  I note that the remedies sought by the petitioners did not include the actual Wifi connectivity but they were seeking information regarding the manner of disbursement of funds allocated for this project.  It would appear that with the commencement of the connectivity project by the 1st respondent the petitioners are mollified and no longer wish to pursue this information.  They have in effect abandoned their petition.  In the circumstances I do not feel that the petitioners are entitled to costs.  I therefore direct that each party will bear its own costs in this matter.  It is so ruled.

MAUREEN A. ODERO

JUDGE

24/11/2015

PRESENT:

Ms Muthoni holding brief for Mr. Githui.