Robert Ndegwa Muruthu & 3 Others v Major,Town Clerk Nyahururu Municipal Council & 3 Others [2014] KEHC 23 (KLR)
- Court
- High Court of Kenya
- Case number
- 23
- Citation
- [2014] KEHC 23 (KLR)
- Decided
- 7 November 2014
The petition is not dismissed for want of prosecution, but the petitioners are directed to amend their petition to reflect the correct party as the 1st defendant and set the matter for hearing within 60 days from the date of the judgment.
Facts
Petitioners filed a constitutional petition against four respondents on March 9, 2012. The petition was filed contemporaneously with an application for conservatory orders. The petition was dismissed for want of prosecution.
Issues
- Whether the petition should be dismissed for want of prosecution
- Whether the functions of the applicant's office have abated and been taken over by the County Government of Laikipia
Reasoning
The court finds that the petitioners have been active in trying to fix the matter for hearing and dismisses the application for want of prosecution, but directs the petitioners to amend their petition and set the matter for hearing.
Outcome
The petition is not dismissed for want of prosecution, but the petitioners are directed to amend their petition and set the matter for hearing.
Orders
- Petitioners are directed to amend their petition to reflect the correct party as the 1st defendant and set the matter for hearing within 60 days from the date of the judgment
Authorities cited
Cases cited (1)
- Sheikh Vrs Gupta and others, Nairobi HCCC No. 916 of 1960 (1969) E.A Trevelyan, J
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