Kisyula & 2 others v Chief Magistrate Court, Kiambu & 4 others; Nzyka & another (Interested Parties) [2024] KEHC 6130 (KLR)

Kisyula & 2 others v Chief Magistrate Court, Kiambu & 4 others; Nzyka & another (Interested Parties) (Judicial Review E005 of 2021) [2024] KEHC 6130 (KLR) (14 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6130 (KLR)

Republic of Kenya

In the High Court at Kiambu

Judicial Review E005 of 2021

DO Chepkwony, J

May 14, 2024

Between

Alphose Muteti Kisyula

1st Applicant

Joshua Muteti Kilonzo

2nd Applicant

Benerd Masinga Maluki

3rd Applicant

and

Chief Magistrate Court, Kiambu

1st Respondent

Hon Attorney General Of Kenya

2nd Respondent

Director Of Public Prosecution

3rd Respondent

National Police Service

4th Respondent

Director of Criminal Investigation Office

5th Respondent

and

Serah Nzembi Nzyka

Interested Party

Benerd Masinga Maluki

Interested Party

Ruling

1. This matter is for mention for parties to show cause why the suit should not be dismisses for want of prosecution, a Notice to Show Cause having issued o 26th October, 2023, Neither party nor their counsel are in attendance. There is even no representation to explain their absence despite the matter having been cause-listed for mention today.

2. I have perused the record and established that there has been no activity on the file since 16th March, 2022 when the application dated 3rd August, 2021 came up for hearing but there was no appearance by either party. There is no explanation for failure to have the same prosecuted.

3. There being no appearance by either party and or their counsel and there being no explanation for non-prosecution of the matter, the suit be and is hereby dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.

It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF__ …MAY….__, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin