Republic v Principal Secretary, Ministry of Industrialization, Trade and Enterprise Development, Secretary, Public Service Commission & Chief Executive Officer Micro and Small Enterprise Authority Ex parte Charles Mwangi Waithaka & Charles Kalomba Shiraho [2021] KEHC 6426 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC E060 OF 2021

IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AND PROHIBITION

BETWEEN

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

VERSUS

THE PRINCIPAL SECRETARY, MINISTRY OF

INDUSTRIALIZATION, TRADE AND

ENTERPRISE DEVELOPMENT............................................1ST RESPONDENT

THE SECRETARY, PUBLIC SERVICECOMMISSION....2ND RESPONDENT

THE CHIEF EXECUTIVE OFFICER

MICRO AND SMALL ENTERPRISE AUTHORITY...........3RD RESPONDENT

EX PARTE APPLICANTS:

1. CHARLES MWANGI WAITHAKA

2. CHARLES  KALOMBA  SHIRAHO

RULING NO. 2

1. On 26th April 2021, this Court directed the ex parte Applicants herein to serve the Respondents with the Chamber Summons dated 22nd April 2021 and skeletal submissions thereon, for a virtual inter partes hearing of the said application today.

2. Upon perusal of the Court record, I note that the ex parte Applicants have not complied with the said  directions, and have not provided evidence of service on the Respondents. The ex parte Applicants were also not in attendance at the virtual hearing held by video-link today.

3. In the premises I hereby order as follows:

I.This suit ishereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.

II.The Deputy Registrar ofthe Judicial Review Division shall send a copy of this ruling to the ex parte Applicants by electronic mail by close of business on Thursday, 20th May 2021.

4. Orders accordingly.

DATED AND SIGNED THIS  19TH DAY OF MAY 2021

P. NYAMWEYA

JUDGE