Eustace Nyaga R. Ngatuni & Stephen Ikagi Kang’ethe (AsTrustees of Jesus Tabernacle Church Chogoria) v County Government of Tharaka Nithi & Governor, Tharaka Nith County Government [2017] KEHC 7790 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

CHUKA ELC CASE NO 80 OF 2017

FORMERLY MERU ELC CASE NO.29 OF 2013

EUSTACE NYAGA R. NGATUNI & STEPHEN IKAGI KANG’ETHE AS TRUSTEES OF

JESUS TABERNACLE CHURCH CHOGORIA...........................................PLAINTIFFS

VERSUS

THE COUNTY GOVERNMENT OF THARAKA NITHI........................1ST DEFENDANT

THE GOVERNOR THARAKA NITH COUNTY GOVERNMENT........2ND DEFENDANT

RULING

1. When the parties were to come to court on 22. 2.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.

2. I am satisfied that the apposite notice was properly issued.

3. I find that the parties have failed to show cause why this suit  should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.

The suit, therefore, merits dismissal.

4. The suit is dismissed.

5. It is so ordered.

Delivered in open court at Chuka this 22nd day of February, 2017 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE