Republic v Kenya Medical Practitioners and Dentist Board, Kisumu Specialists Hospital & Attorney General Ex parte Martin Otieno Ngayo [2021] KEHC 9408 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1133 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE

FOR JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

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

VERSUS

KENYA MEDICAL PRACTITIONERS

AND DENTIST BOARD............................................1ST RESPONDENT

KISUMU SPECIALISTS HOSPITAL......................2ND RESPONDENT

ATTORNEY GENERAL............................................3RD RESPONDENT

EX PARTE APPLICANT:

MARTIN OTIENO NGAYO

RULING

1. On 17th November 2020, this Court granted the ex parte Applicant leave to commence proceedings judicial review proceedings against the Respondents for an order of mandamus, and directed the ex parte Applicant to file and serve the substantive Notice of Motion within twenty-one (21) days.

2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicant. The 2nd Respondent has on its part filed a replying affidavit to the application for leave, which had already been decided ex parte by the Court.

3. In the circumstances, as there is no substantive cause pending before this Court for hearing,  I hereby strike out this suit with no order as to costs.

4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant and Respondents by electronic mail by close of business on Thursday, 28th January 2021.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS  26th DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE