Republic v Director of Public Prosecution & 2 others; Kivisi (Exparte) [2023] KEHC 18967 (KLR)

Republic v Director of Public Prosecution & 2 others; Kivisi (Exparte) (Judicial Review Miscellaneous Application E161 of 2021) [2023] KEHC 18967 (KLR) (Judicial Review) (22 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18967 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Miscellaneous Application E161 of 2021

JM Chigiti, J

June 22, 2023

Between

Republic

Applicant

and

Director of Public Prosecution

1st Respondent

Senior Resident Magistrate Court Milimani

2nd Respondent

Director of Criminal Investigations

3rd Respondent

and

Fredrick Vigedi Kivisi

Exparte

Ruling

1. The Ex parte Applicant filed a Chamber Summons application dated October 25, 2021 under Certificate of Urgency seeking leave to file a substantive motion for the prerogative writs of certiorari and prohibition against the Respondents herein. The Applicant also sought for the said leave if granted to operate as a stay.

2. Upon considering the said Certificate of Urgency and Chamber Summons and its Ruling dated November 1, 2021, the Court directed that owing to the nature of the application the law and precedent governing the grant of leave it was imperative for the application to be canvassed interpartes.

3. The Respondents filed a Replying Affidavit sworn on November 24, 2021 and written submissions dated November 25, 2021.

4. However, the Ex parte Applicant has failed to further prosecute the matter and has failed to appear before the court on several occasions leading to the Deputy Registrar issuing a Notice to Show Cause why the suit should not be dismissed for want of prosecution.

5. The matter was listed for hearing of the said Notice to Show Cause on May 15, 2023 when the Respondents confirmed that the Deputy Registrar had reissued the Notice for Want of Prosecution. There was no appearance on behalf of the Ex parte Applicant.

6. The Ex parte Applicant’s counsel the firm Laverne Nabwana & Company Advocates having failed to appear before the court on several occasions despite there being communication on diverse dates as can be for instance evidenced by the emails dated February 16, 2022 and May 4, 2022 is a clear indication of the Ex parte Applicant’s disinterest in pursuing the instant suit.

Order:The Application dated October 25, 2021 is dismissed for want of prosecution with costs to the Respondents.It is so ordered.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF JUNE 2023……………………………………J. CHIGITI (SC)JUDGE