Case ID:163222

Attorney General v Kenneth Stanley Matiba [2020] eKLR

Case Metadata

Case Number:

Judicial Review Miscellaneous Application 130 of 2018

Parties:

Attorney General v Kenneth Stanley Matiba

Date Delivered:

06 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Attorney General v Kenneth Stanley Matiba [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW MISC. APPLICATION NO. 130 OF 2018

BETWEEN

ATTORNEY GENERAL.............................APPLICANT

VERSUS

KENNETH STANLEY MATIBA

...........RESPONDENT

RULING

1. This matter was coming up for ruing today on an application filed by Mr. John Mbau Mburu, the proposed Respondent, by way of a Notice of Motion dated 3

rd

June 2020, seeking to set aside the directions given herein on 5

th

May 2020 and that I recuse myself from hearing this matter. Also pending ruling was an application filed by the personal representatives of the Respondent by way of Chamber Summons dated 14

th

February 2020, for the substitution of the Respondent, and a Notice of Motion application dated 2

nd

December 2019 filed by the Applicant, that seeks orders that this Court sets aside the proceedings of 29

th

July 2019 and consequential orders, and reinstates the Applicant’s reference for hearing.

2. Upon perusal of the Court record, my attention has been drawn to a consent entered into by the parties herein dated and signed on 2

nd

July 2020 by the Advocates for the Attorney General, the Advocate for the Administrators of the Estate of the Respondent, and the Proposed Respondent. The consent is to the effect that this matter be marked as fully and finally settled with no order as to costs, that all processes currently pending are withdrawn, and that the file is marked as closed.

3. In the premises, I hereby order as follows:

i. The

consent dated 2

nd

July 2020, duly executed by the Advocates on record for the Applicant, the Administrators of the Estate of the Respondent and the Proposed Respondent, be and is hereby adopted as an order of this Court.

ii.

The application filed by Mr. John Mbau Mburu, the proposed Respondent, by way of a Notice of Motion dated 3

rd

June 2020, be and is hereby accordingly marked as withdrawn with no order as to costs.

iii. The application filed by the personal representatives of the Respondent by way of Chamber Summons dated 14

th

February 2020, be and is hereby accordingly marked as withdrawn with no order as to costs.

iv. The Notice of Motion application dated 2

nd

December 2019 filed by the Applicant, be and is hereby accordingly marked as withdrawn with no order as to costs

v. This suit is accordingly marked as settled with no orders as to costs, and this case is marked as closed.

vi. The Deputy Registrar of

the Judicial Review Division shall send a copy of this ruling to the Applicant, Administrators of the Estate of the Respondent and Proposed Respondent by electronic mail by close of business on

Monday, 6

th

July 2020

.

Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 6

TH

DAY OF JULY 2020

P. NYAMWEYA

JUDGE

FURTHER ORDERS ON THE MODE OF DELIVERY OF THIS RULING

In light of the declaration of measures restricting Court operations due to the COVID -19 Pandemic, and following the Practice Directions issued by the Honourable Chief Justice dated 17th March 2020 and published in the Kenya Gazette on 17th April 2020 as Kenya Gazette Notice No. 3137, this ruling will be delivered electronically by transmission to the email addresses of the advocates on record for the Applicant, Administrators of the Estate of the Respondent, and Proposed Respondent, by close of business on 6

th

July 2020.

P. NYAMWEYA

JUDGE