Republi v Inspector General of Police & 3 others; Onng’njo (Exparte Applicant) [2024] KEHC 7542 (KLR)

Republi v Inspector General of Police & 3 others; Onng’njo (Exparte Applicant) (Judicial Review 19 of 2019) [2024] KEHC 7542 (KLR) (5 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7542 (KLR)

Republic of Kenya

In the High Court at Kiambu

Judicial Review 19 of 2019

DO Chepkwony, J

June 5, 2024

IN THE MATTER OF: AN APPLICATION BY RISPER AWUOR ONNG’NJO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW FOR ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION AND IN THE MATTER OF: ORDER 53 CIVIL PROCEDURE RULES, CAP 21 LAWS OF KENYA AND IN THE MATTER OF: THIKA CMCR. MISC. NO.71 OF 2019 & CMCR. MISC. NO.72 OF 2019 BETWEEN

Between

Republi

Applicant

and

Inspector General Of Police

1st Respondent

Paschal Omondi

2nd Respondent

Chief Magistrate - Thika Law Courts, Thika

3rd Respondent

Attorney General

4th Respondent

and

Risper Awuor Onng’njo

Exparte Applicant

Ruling

1. This 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 issued on 25th July, 2023. Neither party are in attendance. There is even no explanation given for their absence despite a mention notice having been issued on 14th February, 2024 for mention on 5th June, 2024.

2. I have perused the record and established that there has been no activity on the file since 18th July, 2023 when the application dated 9th December, 2019 came up for directions. There was no appearance by either party.

3. There being no appearance by either party 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 5TH DAY OF JUNE, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin