Nzuki v Muthengi & another (Miscellaneous Civil Application E001 of 2021 & Miscellaneous Application E003 & E004 of 2021 (Consolidated)) [2022] KEELC 2731 (KLR) (28 June 2022) (Ruling)

Summary at a glance

Facts

The applicant filed an urgent application for judicial review orders of certiorari on September 21, 2021, but none of the parties were present in court on the scheduled date, leading to the dismissal of the application for being filed out of time.

Issues

• Whether the orders issued by the court on September 30, 2021 dismissing the application dated September 21, 2021 for being filed out of time should be set aside
• Whether leave should be granted to the applicant to file his application dated September 21, 2021 out of time and that the said application be reinstated and fixed for hearing

Reasoning

The court dismissed the application for being filed out of time and did not grant leave to file the application out of time, as the applicant did not provide a valid reason for his absence and there was no provision of the law that allowed the court to set aside the order.

Outcome

The court dismissed the application for being filed out of time and did not grant leave to file the application out of time.

Orders

• The les in Misc Application E001 of 2021, Misc Application E003 of 2021 and Misc Application E004 of 2021 all between Muthui Mulonzya vs Daniel Kilonzo Muthengi and the Hon. Attorney General be closed.

Authorities cited