Republic v Resident Magistrates Court, Siaya; Aloo (Exparte); Magoha (Interested Party) [2024] KEHC 6681 (KLR)

Republic v Resident Magistrates Court, Siaya; Aloo (Exparte); Magoha (Interested Party) (Miscellaneous Civil Application 154 of 2003) [2024] KEHC 6681 (KLR) (3 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6681 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application 154 of 2003

RE Aburili, J

June 3, 2024

Between

Republic

Applicant

and

Resident Magistrates Court, Siaya

Respondent

and

Lucas Apiyo Aloo

Exparte

and

William Ogola Magoha

Interested Party

Ruling

1. This is a 2003 matter initiated by way of Notice of Motion dated 28th July 2003 seeking for Judicial Review orders of Certiorari and Prohibition.

2. The application was never prosecuted as the original suit whose proceedings were sought to be quashed is Siaya Resident Magistrate Civil Application No. 66 of 2003 which was concluded, from the record, it is clear that the application subject of this file was overtaken by events and died naturally.

3. Nonetheless, as there must be an order closing the file, the application dated 28th July 2003 is hereby dismissed for want of prosecution.

4. This file is now closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE