Republic v Inspector General Exparte Francis Ng'ang'a Mbuggua [2020] KEHC 1236 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW MISCELLANOUS APPLICATION NO. E064 OF 2020

BETWEEN

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

VERSUS

INSPECTOR GENERAL........................RESPONDENT

AND

EX PARTE:

FRANCIS NG'ANG'A MBUGGUA

RULING

1. Francis Ngángá Mbuggua, the ex parte Applicant herein, has moved this Court by way of a Chamber Summons application dated 17th November 2020, which is supported by his affidavit sworn on the same date. The ex parte Applicant in his application is seeking leave to apply for an order of Mandamus to compel the Respondent to act on the ex parte Applicant's complaint filed on the 16th March, 2018. The said complaint is with regard to fraudulent activities which the ex parte Applicant claims were undertaken on his parcel of land by one Rachel Wanjiru.

2. A perusal of the said pleadings reveal as follows:

a. From the description of the parties, it is not evident which person or entity is being sued, as the said Respondent is described as “Inspector General”

b. The said Rachel Wanjiru, who is a party likely to be affected by these proceedings, has not been joined as a party.

c. The ex parte Applicant’s application is not supported by a statement as required by Order 53 Rule1 of the Civil Procedure Rules, and is therefore incompetently filed.

3. In light of the foregoing observations, I hereby order as follows:

i. The Applicant’sChamber Summons dated 17th November 2020 is hereby struck out for being incompetently filed.

ii. There shall beno order as to costs.

4. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS  18TH DAY OF NOVEMBER 2020

P. NYAMWEYA

JUDGE