https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4494

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT OF KENYA** **AT KAPSABET** **ELCLC E026 OF 2025** **DAVID KIPKORIR KEBENEI………….………………………..1ST PLAINTIFF** **CAROLINE AMBUYO………………………………………..2ND PLAINTIFF** **VERSUS** **ANDREW KIPKEMEI SAWE……………………..…………1ST DEFENDANT** **THE LAND REGISTRAR, NANDI………………...……….2ND DEFENDANT** **RULING** 1. By the chamber summons application dated 17th may 2026, the plaintiffs/applicants are seeking the following orders; 2. That this Honourable court be pleased to order for substituted services of summons on the 1st Defendant by advertisement in any of the daily newspapers. 3. That costs of this application be provided for. 4. The application is rooted on the supporting affidavit of six paragraphs sworn on even date by Lantz K Serem learned counsel for the applicants alongside the grounds, inter alia; 5. That all attempts to effect service upon the 1st Defendant have failed. 6. That the whereabouts of the 1st Defendant are unknown and despite all reasonable and diligent efforts the 1st Defendant cannot be traced. 7. That in the premises, it is only just fair and equitable that the Applicant’s application herein to effect service upon the Respondent be granted. 8. Mr. Victor Kiprono learned counsel for the applicants implored the court to allow the application by it nature and for the ends of justice. 9. In the foregone, is the applicant meritorious? 10. It is borne in mind that orders sought in the application are provided for under **Order 5 Rule 17 of the Civil Procedure Rules 2010.** Furthermore, **Sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya as read with section 3 of the Environment and Land Court Act 2015 (2011)** mandate this court to grant the orders. 11. Being guided by the decision in the case **Ephraim Njugu Njeru vs Justin Bedan Muturi (2006) eKLR** that personal service is the ordinary way, I am satisfied from the application that service cannot be done upon the 1st defendants/respondent through the ordinary way in this suit. 12. Accordingly, the application dated 14th May 2026 is merited. The same is hereby allowed in terms of order number 1 for substituted service upon the defendants as stated in paragraph 1 (a) hereinabove with no orders as to costs. 13. It is so ordered. **Dated** and **Delivered** at Kapsabet this **16th day of July, 2026**. **HON. G M A ONGONDO** **JUDGE** **In the presence of;** 1. Mr. Victor Kiprono learned counsel for the applicants/plaintiffs 2. Mr. Walter Kipkorir, Court Assistant