Siaka v County Government of Kakamega & 2 others [2024] KEHC 8392 (KLR)

Siaka v County Government of Kakamega & 2 others (Judicial Review 4 of 2020) [2024] KEHC 8392 (KLR) (3 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8392 (KLR)

Republic of Kenya

In the High Court at Kakamega

Judicial Review 4 of 2020

AC Bett, J

July 3, 2024

Between

Isaac Fula Siaka

Applicant

and

The County Government Of Kakamega

1st Respondent

The County Director Of Survey Kakamega

2nd Respondent

The Kenya Rural Roads Authority

3rd Respondent

Ruling

1. I have perused the application dated 19/1/2024. The Applicant seeks orders to set aside the order issued on 14/12/2023 dismissing the suit for want of prosecution.

2. The Applicant’s Counsel Mr. Umundi Bw’onchiri avers that he tried to join virtual court on the day of the hearing but his efforts were in vain due to poor network. I am satisfied that the Respondents were duly served with the application and with Hearing Notice for today.

3. I hereby allow the application as prayed. Notice of Motion dated 5/2/2020 is hereby reinstated. The Notice of Motion dated 5/2/2020 is hereby fixed for hearing on 23/9/2024. The Applicant is granted thirty (30) days to file and serve written Submissions upon the Respondent’s Advocates who shall have thirty (30) days to file their written Submissions. This is an old matter; we expect that it shall proceed on that day.

4. Applicant to serve the Respondent with today’s Orders.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 3RD DAY OF JULY, 2024. A. C. BETTJUDGEIn the presence of:Ms. Wanyama for the ApplicantNo appearance for the RespondentCourt Assistant: Polycap