Republic v Xplico Insurance Company Limited & Insurance Regulatory Authority Ex party; David Kariuki Gichiri [2021] KEHC 7936 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. MISC E082 OF 2020

BETWEEN

DAVID KARIUKI GICHIRI..................................................APPLICANT

VERSUS

XPLICO INSURANCE COMPANY LIMITED..........1ST RESPONDENT

INSURANCE REGULATORY AUTHORITY............2ND RESPONDENT

RULING

1. On 7th January 2021, this Court directed the ex parte Applicant to  file and serve the Respondents with his Chamber Summons dated 23rd December 2020, and to also file and serve submissions thereon within fourteen days. The Respondents were also granted leave to file and serve reply submissions within fourteen d days of service.

2.  Upon perusal of the Court record, I note that the ex parte Applicant has not provided any evidence of service on the Respondents nor has he filed any submissions.  There is also no response from the Respondents on record

3.  In the premises I hereby order as follows:

I.The ex parte Applicant’s  Chamber Summons application dated 23rd December 2020 ishereby dismissed for want of prosecution with no order as to costs, and this case is accordingly marked as closed.

II.  The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Thursday, 12th February 2021.

4.  Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS  8TH DAY OF FEBRUARY 2021

P. NYAMWEYA

JUDGE