Republic of Kenya v Kirea Gaicu – (Chief Kathangachini Location) & Stella Mukari Njagi Exparte Reuben Kijiru [2017] KEELC 696 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC Miscellaneous Application Case No. 09 Of 2017

FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 04 OF 2014

IN THE MATTER OF AN APPLICATION BY REUBEN KIJIRU FOR AN ORDER OF PROHIBITION, DECLARATION AND CERTIORARI AGAINST THE RESPONDENT AND INTERESTED PARTIES

AND

IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP. 26 (L.O.K) AND ORDER 53 (1) (3) OF THE CPR APPLICATION FOR JUDICIAL REVIEW

REPUBLIC OF KENYA……………………………………….….APPLICANT

VERSUS

KIREA GAICU – (CHIEF KATHANGACHINI LOCATION)…..RESPONDENT

AND

STELLA MUKARI NJAGI……….……………...……..INTERESTED PARTY

REUBEN KIJIRU …………………………….……..EXPARTE APPLICANT

RULING

1. When the parties were to come to court on 20. 12. 2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.

2. I am satisfied that the apposite Notice was properly issued.

3. I find that the parties have failed to show cause why this suit should not be dismissed for want of prosecution in terms of order 17rule 2 (1) of the Civil Procedure Rules.

The suit, therefore, merits dismissal.

4. The suit is dismissed.

5. It is so ordered.

Delivered in open court at Chuka this 20th day of December, 2017 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE