https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11607

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CIVIL APPEAL NO.E070 OF 2026 JACQUELINE WAMBUI GIKUBU ……………………………………. APPELLANT VERSUS THE CHAIRPERSON, KAMITI RIDGE RESIDENT ASSOCIATION..1ST RESPONDENT THE TREASURER, KAMITI RIDGE RESIDENT ASSOCIATION... ..2ND RESPONDENT THE SECRETARY, KAMITI RIDGE RESIDENT ASSOCIATION … 3RD RESPONDENT AND JAMES KAMAU …………………………………………. 1ST INTERESTED PARTY FRANSCICA KIHARA ……….………………………… 2ND INTERESTED PARTY RULING 1. This matter coming up today for hearing of the Appellant’s/Applicant’s Notice of Motion application dated 14th May, 2026, brought pursuant to the provisions of Articles 22, 23, 40, 48 and 50 of the Constitution of Kenya, Sections 1A, 1B, 3A and 79G of the Civil Procedure Act, and Order 42 Rule 6 and Order 51, Rule 1 of the Civil Procedure Rules, 2010 and all other enabling provisions of the law. Through the said application, the Appellant/Applicant seeks orders as follows:- 1) Spent. 2) That pending hearing and determination of this application, this Honourable Court be pleased to issue HCCCA CASE NO.E070 OF 2026 RULING - Page 1 of 4 interim preservatory orders restraining the Respondents whether by themselves, agents, servants, and/or person acting under their authority from disconnecting, withdrawing or interfering with the Appellant's essential utilities and services including water and electricity to House No.5919/545 Kamiti Ridge Estate, and/or compelling, coercing or demanding payment of the disputed sum of Kshs.305,000/= from the Appellant. 3) That pending hearing and determination of the Appeal herein, this Honourable Court be pleased to issue preservatory orders restraining the Respondents whether by themselves, agents, servants, and/or persons acting under their authority from disconnecting, withdrawing or interfering with the Appellant’s essential utilities and services including water and electricity to House No.5919/545 Kamiti ridge Estate, and/or compelling , coercing or demanding payment of the disputed sum of Kshs.305,000/= from the Appellant. 4) That costs of this application be awarded to the Applicants. 2. I have sighted and I am satisfied with the Affidavit of Service sworn on 13th July, 2026 showing good and proper service of the application and the court’s directions in this matter. 3. No responses have been filed, rendering the application unopposed. HCCCA CASE NO.E070 OF 2026 RULING - Page 2 of 4 4. Consequently, noting that prayer No.(2) was granted on 21st June, 2026, I hereby allow the Notice of Motion application dated 14th may, 2026 in terms of prayer No.(3) as follows;- a) [3].That pending hearing and determination of the Appeal herein, this Honourable Court be pleased to issue preservatory orders restraining the Respondents whether by themselves, agents, servants, and/or persons acting under their authority from disconnecting, withdrawing or interfering with the Appellant’s essential utilities and services including water and electricity to House No.5919/545 Kamiti Ridge Estate, and/or compelling, coercing or demanding payment of the disputed sum of Kshs.305,000/= from the Appellant. b) A substantive Appeal should be filed and served within thirty (30) days from the date hereof and service of that substantive Appeal should be accompanied by service of a Mention Notice. c) Costs of the application are awarded to the Appellant/ Applicant in light of the non-response and will be borne by the Respondents. d) Mention on 11th September, 2026 to confirm status and HCCCA CASE NO.E070 OF 2026 RULING - Page 3 of 4 to take further directions. It is so ordered. RULING SIGNED, DATED AND DELIVERED VIRTUALLY, AT KIAMBU THIS 28 DAY OF JULY , 2026. TH ………………………………………………… BAHATI MWAMUYE(MBS) JUDGE In the presence of: Mr. Owade for the Appellant/Applicant No appearance for the Respondents No appearance for the Interested Parties Court Assistant - Martin HCCCA CASE NO.E070 OF 2026 RULING - Page 4 of 4