[2008] KEHC 2627 (KLR)
The court found that the objection to service lacked merit because the respondent failed to cite any legal authority requiring personal service on the Solicitor-General. The court further held that, even if personal service were required, the Solicitor-General's direction to effect service on a State Counsel, who...
Source-derived case information.
- Citation
- [2008] KEHC 2627 (KLR)
- Parties
- Applicant: Charles Josphat Akwoni; Respondent: The Solicitor General (Mr. Muchemi)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 709 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection Regarding Service of Process
- Outcome
- Objection dismissed; matter to proceed.
- Judges
- GMA Dulu
- Legal Topics
- Service of Process, Preliminary Objection, Proper Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Josphat Akwoni
Applicant
The Solicitor General (Mr. Muchemi)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection Regarding Service of Process
Legal Issues
- 1 Whether personal service on the Solicitor-General was mandatory in the circumstances of this case.
- 2 Whether service effected on a State Counsel at the direction of the Solicitor-General constitutes proper service.
Ratio Decidendi
The court found that the objection to service lacked merit because the respondent failed to cite any legal authority requiring personal service on the Solicitor-General. The court further held that, even if personal service were required, the Solicitor-General's direction to effect service on a State Counsel, who then accepted service, was sufficient to constitute proper service. Additionally, the court noted that the Solicitor-General's office was aware of the proceedings, as evidenced by previous requests for mention to record a settlement. Therefore, the objection was dismissed and the matter was ordered to proceed.
Court Disposition
Objection dismissed; matter to proceed.
Orders
- The objection by the respondent is dismissed.
- The matter may be fixed for hearing.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Appli. 709 of 2006
CHARLES JOSPHAT AKWONI……………………….APPLICANT
VERSUS
THE SOLICITOR GENERAL……...……………..…..RESPONDENT
R U L I N G
When this matter came up before me on 15/2/2008, Mr. Njogu for the respondent asked that matter should not proceed. His contention was that the Solicitor-general (Mr. Muchemi) was not served in person. On the other hand, Mr. Ombete for the applicant submitted that Mr. Muchemi, the Solicitor-General was served and he directed that service e affected on a State Counsel. That service was done on the State Counsel who accepted service. Therefore, in Mr. Ombete’s view, the service was proper, as there was no requirement for personal service.
I have considered the issues raised in the verbal objection by the State Counsel, Mr. Njogu. I find no merits in them. He has not referred me to any legal authority that service on the Solicitor General had to be personal. Secondly, even if the said service was to be personal, the fact that the Solicitor-General directed that the service be effected on the State Counsel, and the State Counsel accepted such service, was adequate to prove that service was actually effected.
In addition, on 19/7/2007, Mr. Amollo for respondent had asked that the court mentions the matter on 27/9/2007 with a view to recording a settlement. In my view, that request meant that the Solicitor-General, who is a officer in the same office with the State Counsel, must have been aware of the matters herein, therefore service was done.
Consequently, I dismiss the objection of Mr. Njogu and order that the matter do proceed further in accordance with the law, as the Solicitor-General Mr. Muchemi has been properly served. The objection is overruled, and the matter may be fixed for hearing costs in the cause.
Dated and delivered at Nairobi this 15th April 2008.
George Dulu
Judge
In the presence of ?
Mr. Ombete for applicant
Mr. Njogu for respondent
Mr. Mwangi – court clerk