[2025] KEHC 9930 (KLR)
The court exercised its discretion to grant the adjournment to the 3rd to 5th respondents as it was the first such request and was based on counsel's indisposition. However, due to the lack of prior communication to the plaintiff's counsel and the inconvenience caused, the court awarded costs to the plaintiff,...
Source-derived case information.
- Citation
- [2025] KEHC 9930 (KLR)
- Parties
- Applicant: Erastus W Maruti; Applicant: Abel Machenje; Applicant: Jenefffer Mulemi (Suing on Behalf of Chwele Integrated Displaced Persons IDPs); Applicant: Fred W. Kitui; Applicant: Eliud Chege; Applicant: David N. Saratuki (Suing on Behalf of Mukuyuni Integrated Displaced Persons IDPs); Applicant: Henry Simiyu; Applicant: Vincent Weswa; Applicant: Jotham Wangatia (Suing on Behalf of Mayanja Integrated Displaced Persons IDPs); Respondent: Hudson Kituyi Wanyonyi; Respondent: Kenya Commercial Bank Ltd; Respondent: County Commissioner Bungoma; Respondent: The Attorney General; Respondent: Principal Secretary for Ministry of Interior & Coordination of National Government
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 8 ‘A” of 2020
- Procedural Posture
- Civil Suit / Ruling on Application for Adjournment
- Outcome
- Adjournment granted to the 3rd to 5th respondents; costs awarded to the plaintiff.
- Judges
- MS Shariff
- Legal Topics
- Adjournment, Costs Award, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erastus W Maruti
Applicant
Abel Machenje
Applicant
Jenefffer Mulemi (Suing on Behalf of Chwele Integrated Displaced Persons IDPs)
Applicant
Fred W. Kitui
Applicant
Eliud Chege
Applicant
David N. Saratuki (Suing on Behalf of Mukuyuni Integrated Displaced Persons IDPs)
Applicant
Henry Simiyu
Applicant
Vincent Weswa
Applicant
Jotham Wangatia (Suing on Behalf of Mayanja Integrated Displaced Persons IDPs)
Applicant
Hudson Kituyi Wanyonyi
Respondent
Kenya Commercial Bank Ltd
Respondent
County Commissioner Bungoma
Respondent
The Attorney General
Respondent
Principal Secretary for Ministry of Interior & Coordination of National Government
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Adjournment
Legal Issues
- 1 Whether the 3rd to 5th respondents should be granted an adjournment due to counsel's indisposition.
- 2 Whether the plaintiff is entitled to costs as a result of the adjournment.
Ratio Decidendi
The court exercised its discretion to grant the adjournment to the 3rd to 5th respondents as it was the first such request and was based on counsel's indisposition. However, due to the lack of prior communication to the plaintiff's counsel and the inconvenience caused, the court awarded costs to the plaintiff, assessed at Ksh 17,500, to be paid before the next hearing date.
Court Disposition
Adjournment granted to the 3rd to 5th respondents; costs awarded to the plaintiff.
Orders
- The application for adjournment by the 3rd to 5th respondents is allowed.
- The plaintiff is awarded costs of Ksh 17,500, payable before the next hearing date.
Full Case Text
Judgment text and source record
41 paragraphs
Maruti & 8 others v Wanyonyi & 4 others (Civil Suit 8 ‘A” of 2020) [2025] KEHC 9930 (KLR) (9 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9930 (KLR)
Republic of Kenya
In the High Court at Bungoma
Civil Suit 8 ‘A” of 2020
MS Shariff, J
July 9, 2025
Between
Erastus W Maruti
1st Applicant
Abel Machenje
2nd Applicant
Jenefffer Mulemi (Suing on Behalf of Chwele Integrated Displaced Persons IDPs)
3rd Applicant
Fred W. Kitui
4th Applicant
Eliud Chege
5th Applicant
David N. Saratuki (Suing on Behalf of Mukuyuni Integrated Displaced Persons IDPs)
6th Applicant
Henry Simiyu
7th Applicant
Vincent Weswa
8th Applicant
Jotham Wangatia (Suing on Behalf of Mayanja Integrated Displaced Persons IDPs)
9th Applicant
and
Hudson Kituyi Wanyonyi
1st Respondent
Kenya Commercial Bank Ltd
2nd Respondent
County Commissioner Bungoma
3rd Respondent
The Attorney General
4th Respondent
Principal Secretary for Ministry of Interior & Coordination of National Government
5th Respondent
Ruling
1. I have considerd the application for an adjournment made by Mr Kapkoriri for the 3rd – 5th defendants and the resistance put forth by Mr Odero for the plaintiff. I have also considered the concession made by J.B Macharia for the 2nd defendant and given that this is the 1st time that this application has been made by the 3rd to the 5th defendants on grounds of indisposition of Mr Simiyu I will allow the same.
2. Due to the fact that the absence of Mr Simiyu was not communicated to Mr Odero in advance and his 3 witness are on the way I will award the plaintiff costs assessed at Ksh 17500/- payable before the next hearing date.
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 9THDAY OF JULY 2025. M.S. SHARIFFJUDGE