RUGANO NTHIGA v ATTORNERY GENERAL & 2 OTHERS [2009] KEHC 972 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT EMBU

Judicial Review 32 of 2009

RUGANO NTHIGA……………………………………….APPLICANT

VERSUS

THE HON. A. GENERAL………………………………………1ST RESPONDENT

CHAIRMAN L.D. TRIBUNAL………………………………..2ND RESPONDENT

P.M. KERUGOYA…………………………………………….3RD RESPONDENT

RULING

The chamber summons dated 15/6/2009 is all mixed up.  I have gone through the documents filed herein and they leave a lot to be desired.  Firstly, Mr. Mugo for applicant filed a notice to the Registrar as required law dated 25/5/2009.  The same is supported by the receipt No. 2189411 dated 26/5/2009 which is the evidence of the filing.  On 4/6/2009, he wrote to court and withdrew the same but did not file another notice.  His application therefore fails to meet the provisions of Order 53 Rule 1 (3) of the Civil Procedure Rules.  The application also totally fails to meet the intituling criteria as set out in the case of Farmers Bus Service and others –v- The Transport Licencing Appeal Tribunal (Civil Appeal No. 63 of 1959. )

He should also have cited the substantive law that provides for prerogative orders-i.e. Section 8 and 9 of Cap. 26.  This application is fatally defective and irredeemably so.  It is therefore struck out with no order as to costs.

W. KARANJA

JUDGE

Delivered, signed and dated at Embu this 2nd day of Nov 2009.

In presence of:- Ex-parte applicant- Rugano Nthiga

N/A for interested party.