Case ID:170089

Republic v Principal Secretary, State Department of Early Learning and Basic Education; (Ex Parte Applicant) Kenya Alliance of Non-Formal Schools Welfare Association(Kanswa) [2021] eKLR

Case Metadata

Case Number:

Judicial Review Miscellaneous Application 298 of 2019

Parties:

Republic v Principal Secretary, State Department of Early Learning and Basic Education; (Ex Parte Applicant) Kenya Alliance of Non-Formal Schools Welfare Association(Kanswa)

Date Delivered:

21 Jan 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

Republic v Principal Secretary, State Department of Early Learning and Basic Education; (Ex Parte Applicant) Kenya Alliance of Non-Formal Schools Welfare Association(Kanswa) [2021] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Notice of motion dismissed

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. 298 OF 2019

IN THE MATTER OF AN APPLICATION FOR ORDERS

OF

CERTIORARI AND PROHIBITION

BETWEEN

REPUBLIC...............................................................................................................................APPLICANT

VERSUS

THE PRINCIPAL SECRETARY,

STATE DEPARTMENT

OF

EARLY LEARNING AND BASIC EDUCATION...........................................................RESPONDENT

EX PARTE APPLICANT:

THE KENYA ALLIANCE OF NON-FORMAL SCHOOLS WELFARE ASSOCIATION(KANSWA)

RULING

1. This matter was coming up for reservation of a judgment date after parties were directed to file and serve their respective submissions on the

ex parte

Applicant’s substantive Notice of Motion dated 28

th

February 2020. Upon perusal of the court record, I note that there has been no compliance on the part of the

ex parte

Applicant, who had been granted the last opportunity to file and serve its submissions within fourteen (14) days on 12

th

November 2020. In effect, the outcome of the non-compliance is that the Respondent is also not able to file any submissions in reply.

2. In the premises I accordingly order as follows:

I.

The

ex parte

Applicant’s substantive Notice of Motion dated 28

th

February 2020 is dismissed for non-prosecution with no order as to costs, and this file is hereby marked as closed.

II.

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

Friday, 22

nd

January 2021

.

3. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 21

ST

DAY OF JANUARY 2021

P. NYAMWEYA

JUDGE