- This Court's Directions of 25/03/2025 were clear that the Petitioner was to file and serve written submissions by close of business 04/04/2025, failure to which the Petition would be struck out automatically today and costs assessed and awarded today. Those Directions were issued in the presence of the Petitioner and with no objection to them.
- The Petitioner filed his written submissions on 11/04/2025 at 15:09:23hrs as per CTS. The Petitioner has also filed an Affidavit of Service dated 16/04/2025 and deponed by Boniface Kyalo, who states he is a licensed process server. The deponent states under oath at Paragraph (2) of the Affidavit of Service that he received the Petitioner's written submissions on 14/04/2025 from the Petitioner with instructions to serve the same on the Respondent and the Interested Party, which he did on the same day.
- Both the Respondent and the Interested Pary stamped the Petitioner's written submissions as received on 14/04/2025.
- Today, the Petitioner was absent, and the Counsel for the Respondent and the Interested Party prayed for costs at Kenya Shillings 80,000 and Kenya Shillings 50,000 respectively. Counsel for the Respondent based that figure on the fact that the Respondent has filed a response and written submissions.
- Having considered the matter, and noting the previous directions of this Court, it follows that in the absence of the Petitioner to offer an explanation as to why the previous directions should not automatically apply; the same must stand.
- Consequently, and in accordance with the previous directions, the Petition is hereby struck-out with costs to the Respondent and the Interested Party assessed at Kenya Shillings 80,000 for the Respondent on account of the Respondent having filed and served a response and submissions, and Kenya Shillings 50,000 to the Interested Party who only filed a response; but with both parties having had numerous appearances in the matter.
- Petition stuck-out with costs as above, file closed accordingly.
Dated, Signed, and Issued in Virtual Court on 29/04/2025 in the presence of:
- Petitioner - Absent
- Mr. Kithure h/b Mr. Kirimi - Counsel for the Respondent
- Ms. Were - Counsel for the Interested Party
- Ms. Neema - Court Assistant