Joseph Muchiri & 3 & Clerk Kerugoya/Kutus Municipal Council [2013] KEHC 2260 (KLR)

Joseph Muchiri & 3 & Clerk Kerugoya/Kutus Municipal Council [2013] KEHC 2260 (KLR)

 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

JUDICIAL REVIEW NO. 55 OF 2009

(FORMERLY NAIROBI JR 165/2009)

JOSEPH MUCHIRI ........................….1ST APPLICANT/PLAINTIFF  

PAULINE W. NDEGE.....................….2ND APPLICANT/PLAINTIFF 

   REBECCA WANGECHI MUNYI......….3RD APPLICANT/PLAINTIFF

   CHARITY NYOKABI KURIIRA.........….4TH APPLICANT/PLAINTIFF  

VERSUS

THE CLERK KERUGOYA/KUTUS                                                        

MUNICIPAL COUNCIL...............……………...........…DEFENDANT

R U L I N G

       I have perused this file.  It was transferred here from Nairobi and registered as JR. No. 55/2009.  From the date of transfer and receipt the Applicant has never taken action.    On the date of transfer (19.10.2009) the applicants were represented by a Mr. Githinji.  There is no single document on the file to show that the applicants have followed up the matter and/or made any inquiries  about it.  Infact they are only present in Court because of the Dismissal Notice issued by this Court.  The matter pending is an application for leave to file a Judicial Review since 2009.  I am satisfied that the Applicants have not explained the 4 years delay. 

       I dismiss the Judicial Review for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.

DELIVERED, DATED AND SIGNED AT EMBU THIS  19TH DAY OF SEPTEMBER 2013.

H.I. ONG’UDI

J U D G E

In the presence of:-

Mr. Abubakar for Applicants

Njue CC

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