JOSEPHINE ISELE KULUO V PRINCIPAL MAGISTRATE’S COURT, KIBERA NAIROBI &ANOTHER; [2012] KEHC 5689 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI COMMERCIAL COURTS

Miscellaneous Civil Application 637 of 2007

JOSEPHINE ISELE KULUO.........................................................................................................................APPLICANT

AND

THE PRINCIPAL MAGISTRATE’S COURT,KIBERA NAIROBI…………………..........................1STRESPONDENT

THE ATTORNEY GENERAL …………………...........................................................................…..2ND RESPONDENT

RULING

I have considered the Notice of Motion dated 7th May 2012. It seeks to set aside the dismissal order made on 22nd June 2007. I am satisfied that there is a sufficient explanation of non-attendance. However, I note that this is a 2007 matter which ought to have been prosecuted earlier with deliberate dispatch.

The order that commends itself to me is that the matter is reinstated and the Notice of Motion dated 22nd June 2007 shall be heard. However, in view of the delay in prosecuting the matter the interim orders in force shall not be reinstated. The ex-parte applicant shall bear the costs.

DATEDand DELIVERED at NAIROBI this 26th day of July 2012.

D.S. MAJANJA

JUDGE

ORDER:-

Notice of Motion dated 22nd June 2007 shall be heard on 19. 9.2012. Parties to exchange written submissions.

D.S. MAJANJA

JUDGE