Mwangi t/a Peterson Bar v Department of Administration and Public Service Kiambu County & 2 others [2025] KEHC 8991 (KLR) | Dismissal For Want Of Prosecution | Esheria

Mwangi t/a Peterson Bar v Department of Administration and Public Service Kiambu County & 2 others [2025] KEHC 8991 (KLR)

Full Case Text

Mwangi t/a Peterson Bar v Department of Administration and Public Service Kiambu County & 2 others (Constitutional Petition E048 of 2023) [2025] KEHC 8991 (KLR) (7 May 2025) (Ruling)

Neutral citation: [2025] KEHC 8991 (KLR)

Republic of Kenya

In the High Court at Kiambu

Constitutional Petition E048 of 2023

DO Chepkwony, J

May 7, 2025

Between

Peter Muthama Mwangi t/a Peterson Bar

Petitioner

and

The Department of Administration and Public Service Kiambu County

1st Respondent

The Director of Alcoholic Drinks of the County Government of Kiambu

2nd Respondent

The County Government of Kiambu

3rd Respondent

Ruling

1. This Court issued Notice to Show Cause why the Petition should not be dismissed for want of prosecution which is dated 5th March, 2025The same was served upon the parties by way of email via their respective official emails of kiambucountylegaloffice@gmail.com and hongatura@gmail.com. The court notes that no response has been filed to the said Notice to Show Cause by either party and or their respective counsel.

2. On perusing the record, the Court notes that the Petitioner was last in court on 14th May, 2025. The Petitioner was absent on 13th November, 2024, 20th November, 2024, 19th February, 2025, 13th May, 2025 and finally on 5th May, 2025. It then became clear that the Petitioner may not be interested in prosecuting the Petition herein.

3. For that reason, the Court hereby dismisses the Petition for want of prosecution with costs to the Respondent..It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF MAY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant - Martin