Republic v Town Clerk,City Council of Nairobi Ex-Parte Leah Wambui Kamande [2014] KEHC 7951 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW DIVISION

JR CASE NO. 159 OF 2003

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

VERSUS

THE TOWN CLERK,

CITY COUNCIL OF NAIROBI................................... RESPONDENT

EX-PARTE.................................................... LEAH WAMBUI KAMANDE

RULING

Through the notice of motion application dated 4th November, 2013 the applicant prays that this Court sets aside its order of 16th March, 2012 dismissing her case.  The application is supported by an affidavit sworn on 5th November, 2013 by Ndolo Felix Onyango, an advocate of the High Court.  In the said affidavit the deponent who is the applicant’s counsel avers that he was not served with any notice to show cause on the intended dismissal of the matter for want of prosecution.  He averred that the file was active at the time of the dismissal as the applicant had filed an application dated 18th October, 2012.

The application is not opposed.  I have considered the applicant counsel’s unchallenged averment that notice was not served before the matter was dismissed and find that it is in the interests of justice that the dismissal order issued on 16th March, 2012 should be set aside.  The application dated 4th November, 2013 is therefore allowed as prayed.  Costs in the cause

Dated, signed and delivered at Nairobi this 6th day of  June, 2014

W. KORIR,

JUDGE OF THE HIGH COURT