Machua v ODPP [2024] KEHC 12852 (KLR)

Machua v ODPP (Criminal Miscellaneous Application E054 of 2022) [2024] KEHC 12852 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12852 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Miscellaneous Application E054 of 2022

DO Chepkwony, J

October 24, 2024

Between

Francis Mburu Machua

Applicant

and

ODPP

Respondent

Ruling

1. The matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been taken out on 19th September, 2023.

2. The Applicant is not present despite his counsel, M/S Mburu, Machua & Co. Advocates having been served with the said Notice. He has not even sent representation to explain this absence. On the other hand, the prosecution appears to have no idea what has transpired in the matter.

3. I have perused the record and established that on 4th July, 2023, counsel for the Respondent, Mr. Kelwa indicated that having looked at the application dated 22nd November, 2022, the same appeared to have served its purpose, hence the first Notice to Show Cause being issued then. Since then, even through there are instances when counsel has appeared on behalf of the Applicant, no substantive activity has taken place on the matter.

4. In the circumstances, I find that the Applicant has lost interest in the matter and there is no need to clog the court’s system with such backlog. I proceed to dismiss this suit for want of prosecution. The file is marked as closed.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by ApplicantM/S Ndeda counsel for RespondentCourt Assistant - Martin