[2014] KEHC 2398 (KLR)
The court found that service by advertisement in the Kenya Gazette is not reasonably calculated to bring the proceedings to the defendants' attention, as very few Kenyans have access to the Kenya Gazette. Therefore, the application for substituted service by this method was dismissed.
Source-derived case information.
- Citation
- [2014] KEHC 2398 (KLR)
- Parties
- Plaintiff: Ashford Kaugi Mbiuki; Plaintiff: Bridget George Mbiuki; Plaintiff: Gilbert Kinyua Mbiuki; Plaintiff: Wilfred Kaaria Mbiuki; Plaintiff: Franklin Mugambi Mbiuki; Defendant: M’Rithaa M’Ethuri & Another
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 281 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substituted Service
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Substituted Service, Service of Process, Originating Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ashford Kaugi Mbiuki
Plaintiff
Bridget George Mbiuki
Plaintiff
Gilbert Kinyua Mbiuki
Plaintiff
Wilfred Kaaria Mbiuki
Plaintiff
Franklin Mugambi Mbiuki
Plaintiff
M’Rithaa M’Ethuri & Another
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the plaintiffs should be allowed to serve the Originating Summons by advertisement in the Kenya Gazette.
Ratio Decidendi
The court found that service by advertisement in the Kenya Gazette is not reasonably calculated to bring the proceedings to the defendants' attention, as very few Kenyans have access to the Kenya Gazette. Therefore, the application for substituted service by this method was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to serve the Originating Summons by advertisement in the Kenya Gazette is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO. 281 OF 2013 (OS)
ASHFORD KAUGI MBIUKI..................................................................1ST PLAINTIFF
BRIDGET GEORGE MBIUKI...............................................................2ND PLAINTIFF
GILBERT KINYUA MBIUKI..................................................................3RD PLAINTIFF
WILFRED KAARIA MBIUKI.................................................................4TH PLAINTIFF
FRANKLIN MUGAMBI MBIUKI..........................................................5TH PLAINTIFF
Verse
M’RITHAA M’ETHURI & ANOTHER
R U L I N G
This application is dated 154th day of April 2014 and seeks orders that:
1. The plaintiff be allowed to effect service of the Originating Summons herein by advertisement in the Kenya Gazette.
2. Costs be in the cause.
The application was supported by the affidavit of Gatari Ringera advocate, and on the following grounds:
1. The plaintiff have been unable to effect service on the defendants.
2. The whereabouts of the defendants remain unknown to the plaintiff.
This Court takes judicial notice of the fact that very few Kenyan have access to the Kenya gazette. For this reason, I disallow the application with the effect that it is dismissed.
It is so ordered.
Delivered in Open Court at Meru this 16 day of July, 2014 in the presence of:
P. M. NJOROGE
JUDGE