Republic v Registrar of Companies; Kipkoech Chebet Cherutich, Kipkutol Korir, Simon Kipchumba Kandie , Philip Sirma Cheptumo, Jackton Tuitoek, Kipkulei Chelelgo, Kiprotich Chepkotei, James Tomno, Kiptingilen Kiberenge, Cherutich Cherop(Chelitwa), Grace Chelangat & Veronica Mangara Ex parte Charles Olare Chebet & Richard Kipkoech Bundotic [2019] KEHC 5178 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

JUDICIAL REVIEW MISC. CIVIL APP. NO.10 OF 2015

IN THE MATTER OF LAW REFORM ACT CAP 26 LAWS OF KENYA

-AND-

IN THE MATTER OF THE CIVIL PROCEDURE ACT CAP 21 LAWS OF KENYA AND THE RULES

-AND-

IN THE MATTER OF THE COMPANIES ACT CAP 486 LAWS OF KENYA

-AND-

IN THE MATTER OF AN APPLICATION FOR LEAVE TO BRING JUDICIAL REVIEW PROCEEDINGS OF PROHIBITION AND MANDAMUS

-BETWEEN-

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

-VERSUS-

REGISTRAR OF COMPANIES....................................................RESPONDENT

CHARLES OLARE CHEBET            )

RICHARD KIPKOECH BUNDOTIC).......................EXPARTE APPLICANTS

-BETWEEN-

KIPKOECH CHEBET CHERUTICH

KIPKUTOL KORIR

SIMON KIPCHUMBA KANDIE

PHILIP SIRMA CHEPTUMO

JACKTON TUITOEK

KIPKULEI CHELELGO

KIPROTICH CHEPKOTEI .........................................INTERESTED PARTIES

JAMES TOMNO

KIPTINGILEN KIBERENGE

CHERUTICH CHEROP (CHELITWA)

GRACE CHELANGAT

VERONICA MANGARA

RULING

Record show that the exparte applicant filed application for leave to institute Judicial Review proceedings on 31st March, 2015.  Leave of 21 days was granted on 9th April, 2015.  The court also granted an order that leave granted do operate as stay.

On 30th January, 2018 the firm of Olonyi took a date for the substantive application dated 21st April, 2015 for hearing on 19th February, 2018.  On 19th February, 2018 Mr. Olonyi informed court that he did not serve the other parties due to want of instruction.  Application to cease acting was filed by the firm of Olonyi on 5th March, 2018.

In respect of the substantive application, no action was taken between 24th April, 2015 when it was filed, up to 30th January, 2018 when a date was taken.   The counsel for the applicant also failed to take a date for application filed on 5th March, 2018.

Counsel in court today has indicated that no instructions were flowing from client to the advocate thus the delay. There is no explanation for their failure as well to prosecute their application to cease acting.

My view is that cases belong to litigants and they have a duty to follow up with their advocates to know their position, and ensure that they are prosecuted.   No explanation has been given as to why the exparte applicant has not taken steps to ensure this matter is prosecuted since 2015.   Matters cannot remain pending in court indefinitely without sufficient reason.   Litigation should come to an end.

From the foregoing, I find that no explanation has been given for delay in prosecuting this matter.   I proceed to dismiss it for want of prosecution.   Costs to the respondent and interested parties.

Ruling dated, signed and delivered at Nakuru this 27th day of June 2019.

……………………....

RACHEL NGETICH

JUDGE