Jendie Automobiles Limite d v National Transport and Safety Authority, Kenya Bureau of Standards, Cabinet Secretary, Ministry of Transport, Infrastructure, Housing, Urban Development & Public Works [2020] KEHC 5766 (KLR) | Judicial Review | Esheria

Jendie Automobiles Limite d v National Transport and Safety Authority, Kenya Bureau of Standards, Cabinet Secretary, Ministry of Transport, Infrastructure, Housing, Urban Development & Public Works [2020] KEHC 5766 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. 17 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR

JUDICIAL REVIEWORDERS OF PROHIBITION AND CERTIORARI

BETWEEN

JENDIE AUTOMOBILES LIMITED..............................................................APPLICANT

VERSUS

NATIONAL TRANSPORT ANDSAFETY AUTHORITY...............1ST RESPONDENT

KENYA BUREAU OF STANDARDS.................................................2ND RESPONDENT

THE CABINET SECRETARY,MINISTRY OFTRANSPORT,INFRASTRUCTURE,

HOUSING,URBAN DEVELOPMENT & PUBLIC WORKS.........3RD RESPONDENT

RULING

1. The Applicant herein was granted leave by this Court on 23rd January 2020 to commence judicial review proceedings against the Respondents, and was required to file its substantive Notice of Motion and skeleton submissions thereon, and to serve its pleadings and a mention notice on the Respondents, within fourteen (14) days. On 19th February 2020, when this matter was mentioned for further directions, the Applicant had not filed its substantive Notice of Motion, nor served the Respondents.

2.  The Applicant was thereupon directed upon application, to comply with this Court’s previous directions within fourteen (14) days, failing which this suit would be liable for dismissal. I have perused the Court record, and there is no record of any pleadings filed, or evidence of service by the Applicant. In effect, the outcome of the non-compliance by the Applicant is that there is no pending matter in this suit for determination by the Court.

3.    In the premises I direct and order as follows:

I.This suit is dismissed for non-prosecution and this file is hereby marked as closed.

II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling and the extracted orders to the Applicant by electronic mail by close of business on Thursday, 14th May 2020.

Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 13TH DAY OF MAY 2020

P. NYAMWEYA

JUDGE