Republic v Commissioner for Co-operative Development Ex parte Habakkuk H O Wamududa [2021] KEHC 7865 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1117 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

REPUBLIC....................................................................APPLICANT

VERSUS

THE COMMISSIONER FOR

CO-OPERATIVE DEVELOPMENT............................RESPONDENT

EX PARTE APPLICANT:..............HABAKKUK H.O WAMUDUDA

RULING

1. On 14th October 2020, this Court delivered a ruling directing the ex parte Applicant to serve the Respondent with its application by way of a Chamber Summons dated 14th October 2020 seeking leave to commence judicial review proceedings, and submissions thereon. Despite being granted another opportunity to comply on 14th December 2020, there is still no record of any submissions filed by the ex parte Applicant, nor of service of its pleadings on the Respondent.

2. In the circumstances, I hereby dismiss the Chamber Summons dated 14th October 2020 and this suit for want of prosecution, with no order as to costs.

3.  The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Friday, 5th February 2021.

4.  Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS  4TH  DAY OF FEBRUARY 2021

P. NYAMWEYA

JUDGE