'1. This is not the first time that this court has failed to proceed to give directions or to confirm compliance due to the absence of petitioner.
2. On 26th November, 2024, the court lifted a Notice to Show Cause and cautioned the petitioner against future non-attendance.
3. The petitioner has now failed to attend court or comply with previous directions even after pleading with the court to be allowed to amend and serve the petition.
4. Previously, the court has issued cautions to the Petitioner. On 26th November, 2024, the court stated: -
“Application by counsel for petitioner is allowed but noting the conduct of the petitioner which has necessitated this Notice to Show Cause, any future non-compliance will attract automatic dismissal of the petition.”
5. On 25th March, 2025, the court again cautioned:
“I have heard the sentiments of counsel for respondent in opposition to the request by Dr. Khaminwa to have last chance to consult his client of this matter. I am persuaded to grant last adjournment sought by Dr. Khaminwa with a caution that should petitioner not be ready to take directions on the hearing of the petition on next hearing date, the court shall dismiss the same.”
6. The matter was fixed for 8th July, 2025 during which Dr. Khaminwa applied to amend the petition and was allowed with other directions as to service of the respondents being given.
7. Today, it emerges that the directions to amend the petition were not acted upon and also, the petitioner has not bothered to attend court.
8. In the circumstances, the court believes it has indulged the petitioner sufficiently and warned him enough times, and such, it orders that this matter is now dismissed for want of prosecution with no orders as to costs.
9. The file is now closed.
L N MUGAMBI
JUDGE
13/11/2025
'
2. On 26th November, 2024, the court lifted a Notice to Show Cause and cautioned the petitioner against future non-attendance.
3. The petitioner has now failed to attend court or comply with previous directions even after pleading with the court to be allowed to amend and serve the petition.
4. Previously, the court has issued cautions to the Petitioner. On 26th November, 2024, the court stated: -
“Application by counsel for petitioner is allowed but noting the conduct of the petitioner which has necessitated this Notice to Show Cause, any future non-compliance will attract automatic dismissal of the petition.”
5. On 25th March, 2025, the court again cautioned:
“I have heard the sentiments of counsel for respondent in opposition to the request by Dr. Khaminwa to have last chance to consult his client of this matter. I am persuaded to grant last adjournment sought by Dr. Khaminwa with a caution that should petitioner not be ready to take directions on the hearing of the petition on next hearing date, the court shall dismiss the same.”
6. The matter was fixed for 8th July, 2025 during which Dr. Khaminwa applied to amend the petition and was allowed with other directions as to service of the respondents being given.
7. Today, it emerges that the directions to amend the petition were not acted upon and also, the petitioner has not bothered to attend court.
8. In the circumstances, the court believes it has indulged the petitioner sufficiently and warned him enough times, and such, it orders that this matter is now dismissed for want of prosecution with no orders as to costs.
9. The file is now closed.
L N MUGAMBI
JUDGE
13/11/2025
'