Juliet Gemanah Mkiwa Wakesho v L.R. Kipsang & Co. Advocates [2019] KEHC 3692 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

MISC. APPLICATIONB NO.29 OF 2018

JULIET GEMANAH MKIWA WAKESHO.....APPLICANT/OBJECTOR

VERSUS

L.R. KIPSANG & CO. ADVOCATES...........PLAINTIFF/RESPONDENT

RULING

1.  In this matter an application dated 28th November 2018 came up in court under certificate of urgency filed by Kasina & Associates Advocates for the objector Juliet Gemanah Mkiwa Wakesho.

2.   Therefrom on 29th November 2018 (wrongly typed in the order as  27th November 2018) the court issued the following orders:-

1.  The matter be and is hereby certified as urgent and service be dispensed with in the first instance.

2. An order of stay of execution of judgment and order of 30th October, 2018 be and is hereby issued pending the hearing and final determination of the application.

3.  The warrant of attachment issued on 3rd October 2018 to Hegeons Auctioneers be and is hereby stayed.

4. An order of injunction be and is hereby issued against the plaintiff and Hegeons Auctioneers from auctioning or disposing of the motor vehicle registration No.KBF 749 K Toyota RAV 4 Grey in colour in an auction scheduled to take place on 29th November 2018 in Kericho opposite Law courts.

5.  An order be and is hereby issued to the Officer Commanding Station, Njoro Police Station to confiscate and keep the motor vehicle registration No.KBF 749 K until the matter is heard and determined.

3.  The application  was last fixed for hearing by Mumbi Ngugi J. on 29th October 2018 but was not heard.  It came before me on 17th June 2019 and I fixed the application for hearing on 4th July 2019, but I was at Bomet Court.  It was on 4th July 2019 fixed in the registry for hearing on 25th September 2019 when Mr. Kipsang urged this court to find that the injunction orders have lapsed, as the objector and his counsel had not attended court.

4.  I note that on 7th August 2019 a letter was received from Dan. J. Kasina Advocate for the applicant asking that the court order above be amended to read Chepseon Police Station and not Njoro Police Station, but there is no indication that same was served, nor was there an indication that the court was formally moved to amend the order through an application.

5.  In my view, the application dated 29th November 2018 should not continue to be pending in court indefinitely.  The applicant’s counsel has for a long time neither fixed the application for hearing, nor moved the court to progress the same.  They also failed to attend court for the hearing.

6.   I thus dismiss the application dated  29th November 2018 for non-attendance of the applicant or his/her advocate on the hearing date.  All interim orders issued on the application are hereby vacated.

Dated and delivered at Kericho this 17th day of October 2019.

George Dulu

JUDGE