[2023] KEELC 20913 (KLR)
The court found that the applicant had demonstrated sufficient grounds for substituted service, as most respondents were unknown and their whereabouts could not be ascertained. The court held that service by publication in a widely circulated Kenyan daily newspaper was appropriate and would not prejudice the...
Source-derived case information.
- Citation
- [2023] KEELC 20913 (KLR)
- Parties
- Plaintiff: Silas Kirimi Kamwira; Respondent: County Government of Isiolo & 50 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 05 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Substituted Service
- Outcome
- application allowed
- Judges
- PM Njoroge
- Legal Topics
- Substituted Service, Service of Process, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Kirimi Kamwira
Plaintiff
County Government of Isiolo & 50 others
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the application by substituted service through publication in a Kenyan daily newspaper.
- 2 Whether the circumstances justify substituted service due to the respondents being unknown or untraceable.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for substituted service, as most respondents were unknown and their whereabouts could not be ascertained. The court held that service by publication in a widely circulated Kenyan daily newspaper was appropriate and would not prejudice the respondents. The application was therefore allowed, with costs to be in the cause, and further directions to be given at a later date.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to serve the application dated July 21, 2023 by substituted service through publication in a Kenyan daily newspaper.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
Kamwira v County Government of Isiolo & 50 others (Environment & Land Case 05 of 2023) [2023] KEELC 20913 (KLR) (23 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20913 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 05 of 2023
PM Njoroge, J
October 23, 2023
Between
Silas Kirimi Kamwira
Plaintiff
and
County Government of Isiolo & 50 others
Respondent
Ruling
1. This application is dated 18/10/2023 and has been brought to court under a certificate of urgency.
2. The application seeks the following orders;a.That this honourable court be pleased to certify that this application is urgent and that the same be heard expeditiously.b.That this honourable court do grant leave to the applicant to serve the application dated July 21, 2023 by substituted service, by placement of the same in one of the Kenyan dailies Standard, Nation, Peoples Newspapers or Star and the same do apply in the main suit.c.That costs of this application be in the cause.
3. The application is supported by the affidavit of Silas Kirimi, the applicant and has the following grounds;a.That other than few, the respondents are unknown to the applicant.b.That equally unknown and difficult to find out is the places of residence of the rest of the Respondents.c.That it’s therefore easier and convenient to serve in one of the daily newspapers in a circulation in the Country –Kenya.d.That no prejudice would be caused to the Respondents as the applicant will meet the substituted services costs.
4. After carefully considering the application and the accompanying documents, and having heard the applicants advocate, I find that the application has merit. The following orders are issued;-a.This application is allowed.b.Costs shall be in the cause.c.Further directions will be issued on 11/12/2023.
DELIVERED IN OPEN COURT THIS 23RD DAY OF OCTOBER, 2023 IN THE PRESENCE OF:Court Assistant: Balozi/RahmaOndari for the applicantHON. JUSTICE P M NJOROGEJUDGE