https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10984
The court found that the Respondent had been properly served, had filed no response, and therefore the application was unopposed and merited granting; judgment was entered for the Applicant on costs and the application costs were assessed accordingly.
Source-derived case information.
- Citation
- [2026] KEHC 10984 (KLR)
- Parties
- Applicant: Kinyua Mwaniki & Wainaina Advocates; Respondent: Cyrus Jirongo Masawa
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E016 of 2025
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed; judgment entered for the Applicant; file closed.
- Judges
- ["B Mwamuye"]
- Legal Topics
- Service of Process, Unopposed Application, Judgment on Costs, Assessment of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinyua Mwaniki & Wainaina Advocates
Applicant
Cyrus Jirongo Masawa
Respondent
Procedural Posture
Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the Respondent was properly served
- 2 Whether the unopposed Notice of Motion dated 22 January 2026 should be allowed
- 3 Whether judgment should enter for the Applicant on costs and at what amount
Ratio Decidendi
The court found that the Respondent had been properly served, had filed no response, and therefore the application was unopposed and merited granting; judgment was entered for the Applicant on costs and the application costs were assessed accordingly.
Court Disposition
Application allowed; judgment entered for the Applicant; file closed.
Orders
- Judgment entered in favour of the Applicant against the Respondent on costs at Kshs. 78,516.
- Costs of the application awarded to the Applicant against the Respondent and assessed at Kshs. 15,000.
Full Case Text
Judgment text and source record
1 paragraphs
Kinyua Mwaniki & Wainaina Advocates v Masawa (Commercial Miscellaneous Application E016 of 2025) [2026] KEHC 10984 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10984 (KLR) Republic of Kenya In the High Court at Kiambu Commercial Miscellaneous Application E016 of 2025 B Mwamuye, J July 16, 2026 Between Kinyua Mwaniki & Wainaina Advocates Applicant and Cyrus Jirongo Masawa Respondent Ruling 1.The court has sighted and is satisfied with the Affidavit of Service on record which evidences proper service on the Respondent/Client. The Respondent/Client has failed to file any response to the application and the same is thus unopposed. 2.Consequently, the Notice of Motion application dated 22nd January, 2026, which is meritorious is allowed as prayed. Judgment be and is hereby entered in favour of the Applicant as against the Respondent on costs at Kshs.78,516/=. 3.Costs of the application awarded to the Applicant as against the Respondent and are assessed at Kshs.15,000/=. 4.This being determinate, file closed accordingly. DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS SIXTEENTH DAY OF JULY, 2026……………………………………………………………BAHATI MWAMUYE MBSJUDGEIn the presence of:Mr. Onditi holding brief for Mr. Mwaniki for the ApplicantNo appearance for the RespondentCourt Assistant - Martin