Mwangi v Speaker, County Assembly of Kiambu & 2 others [2024] KEHC 7518 (KLR)

Mwangi v Speaker, County Assembly of Kiambu & 2 others (Constitutional Petition 65 of 2018) [2024] KEHC 7518 (KLR) (7 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7518 (KLR)

Republic of Kenya

In the High Court at Kiambu

Constitutional Petition 65 of 2018

DO Chepkwony, J

June 7, 2024

Between

Kariuki Mwangi

Applicant

and

Speaker, County Assembly Of Kiambu

1st Respondent

Clerk, County Assembly Of Kiambu

2nd Respondent

County Assembly Of Kiambu

3rd Respondent

Ruling

1. On 4th October, 2023, when the matter came up for mention, there was no appearance by either party and there was no explanation of their absence. The court then proceeded to peruse the record and noted that the matter had been dormant since 16th February, 2020 when a ruling was delivered. The court further noted that there were Grounds of Opposition filed on 19th September, 2020 by the Respondents’ advocate.

2. When the matter came up on 22nd November, 2023 and 13th December, 2023, there was no appearance on the part of the Petitioners or their counsel and the court ordered for a Notice to Show Cause to issue upon the Petitioner or his counsel.

3. The court notes that no step has been taken in the Petition since the delivery of ruling on 16th February, 2020 and it is obvious that the Petitioner has lost interest in the matter. In view of this, the court finds it fit to save on judicial time and resources for both the court and the Respondent, alongside reducing backlog in this court. The court proceeds to dismiss the Petition for want of prosecution with costs to the Respondent.It is so ordered

RULING DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF JUNE, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kanja counsel for Respondents.Court Assistant - Martin