Case ID:169781

Republic v Kenya Medical Practitioners and Dentist Board & 2 others Ex parte Martin Otieno Ngayo [2021] eKLR

Case Metadata

Case Number:

Judicial Review Application E1133 of 2020

Parties:

Republic v Kenya Medical Practitioners and Dentist Board, Kisumu Specialists Hospital & Attorney General Ex parte Martin Otieno Ngayo

Date Delivered:

26 Jan 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Kenya Medical Practitioners and Dentist Board & 2 others Ex parte Martin Otieno Ngayo [2021] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Suit struck out

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 APPLICATION NO. E1133 OF 2020

IN THE MATTER OF AN APPLICATION FOR LEAVE

FOR JUDICIAL REVIEW ORDERS OF MANDAMUS

BETWEEN

REPUBLIC..........................................................................

APPLICANT

VERSUS

KENYA MEDICAL PRACTITIONERS

AND DENTIST BOARD

............................................1

ST

RESPONDENT

KISUMU SPECIALISTS HOSPITAL

......................2

ND

RESPONDENT

ATTORNEY GENERAL

............................................3

RD

RESPONDENT

EX PARTE APPLICANT:

MARTIN OTIENO NGAYO

RULING

1. On 17

th

November 2020, this Court granted the

ex parte

Applicant leave to commence proceedings judicial review proceedings against the Respondents for an order of mandamus, and directed the

ex parte

Applicant to file and serve the substantive Notice of Motion within twenty-one (21) days.

2. Upon perusal of the court record, I note that there has been no compliance by the ex parte Applicant. The 2

nd

Respondent has on its part filed a replying affidavit to the application for leave, which had already been decided

ex parte

by the Court.

3. In the circumstances, as there is no substantive cause pending before this Court for hearing, I hereby strike out this suit with no order as to costs.

4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the

ex parte

Applicant and Respondents by electronic mail by close of business on

Thursday, 28

th

January 2021

.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 26

th

DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE