https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3134

Njoka v Nyaga & 4 others (Enviromental and Land Originating Summons E025 of 2025) [2026] KEELC 3134 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEELC 3134 (KLR) Republic of Kenya In the Environment and Land Court at Embu Enviromental and Land Originating Summons E025 of 2025 EC Cherono, J May 21, 2026 Between Dionisio Kinyua Njoka Plaintiff and John Muriithi Nyaga & 4 others & 4 others & 4 others & 4 others & 4 others & 4 others & 4 others Defendant Ruling 1.Vide the Notice of Motion application dated 12/11/2025, the Applicant is seeking leave to effect service of all necessary legal documents of this suit to the Respondents by way of substituted service, being the publication of an advertisement in either the Daily Nation or Standard Newspaper. 2.The application is based on grounds on the face of the application supported by the affidavit of the Applicant, Dionisio Kinyua Njoka sworn on 12/11/2025. He deposed he has been in uninterrupted occupation of land parcels Ngandori/Kathangariri/T.38, T.39, T.40, T.47 and T.48 belonging to the Respondents for a period of over 12 years. He averred that his effort to serve the Respondents had been fruitless hence the instant application. He stated that the application had been made in a timeously manner and no prejudice would be suffered by any of the parties. That it was in the interest of justice that the application be allowed. He annexed to the supporting affidavit an affidavit of service by James Kamau Thuo, a process server, sworn on 29/08/2025. 3.I have considered the application, the supporting affidavit together with the annexures thereto. The issue for determination is whether the Applicant has made out a case for grant of leave to effect service by way of substituted service. 4.Order 5 Rule 17 of the Civil Procedure Rules gives the court power to grant leave to a party to effect service upon another party who cannot be served in an ordinary way by way of substituted service by advertising in one of the daily newspapers with wide circulation after it is satisfied that for any reason that the service of summons cannot be served in the ordinary way upon the concerned party. 5.In the present case, the Applicant relies on the affidavit of service sworn by James Kamau Thuo on 29/08/2025. The process server merely deponed that he proceeded to the suit lands and made inquiries from neighbours who allegedly did not know the Respondents. Other than those inquiries, there is no evidence of any further attempts made to trace the Respondents or ascertain their whereabouts. There is no indication that the Applicant sought information from local administration, land records, or any other source that could reasonably assist in tracing the Respondents. 6.The court is not satisfied that sufficient effort and exhaustive attempts were made to trace the Respondents for personal service before resorting to substituted service. In the circumstances, the Applicant has failed to establish a proper basis for the grant of the orders sought. 7.Consequently, the Notice of Motion application dated 12/11/2025 is hereby declined. 8.Costs shall be in the cause. DATED, DELIVERED AND SIGNED AT EMBU THIS 21ST DAY OF MAY, 2026.HON. E.C CHERONOELC JUDGE, EMBUIn the presence of;Applicant in person-presentRespondent/Advocate-N/AM/S Ruth C/A