https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12941
The court found the application non-contentious and sufficient to justify substituted service because the plaintiff had shown inability to trace the defendants, and the request satisfied the legal requirements for granting leave.
Source-derived case information.
- Citation
- [2026] KEHC 12941 (KLR)
- Parties
- Plaintiff: TAKAFUL INSURANCE OF AFRICA; 1st Defendant: LUKAS OTORO OINO; 2nd Defendant: CHARLES OMUNDI
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E007 of 2024
- Procedural Posture
- Civil Case / Interlocutory Application for Substituted Service
- Outcome
- Application allowed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Substituted Service, Service of Process, Unopposed Application, Leave to Serve by Advertisement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TAKAFUL INSURANCE OF AFRICA
Plaintiff
LUKAS OTORO OINO
1st Defendant
CHARLES OMUNDI
2nd Defendant
Procedural Posture
Civil Case / Interlocutory Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave to effect substituted service
- 2 Whether the application met the legal threshold despite being unopposed
- 3 Whether the proposed mode of service was proper and grantable
Ratio Decidendi
The court found the application non-contentious and sufficient to justify substituted service because the plaintiff had shown inability to trace the defendants, and the request satisfied the legal requirements for granting leave.
Court Disposition
Application allowed
Orders
- Leave granted to serve the pleadings by substituted service through advertisement in a prominent newspaper of nationwide circulation within Kenya.
- Service to be effected within 21 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **HIGH COURT CIVIL CASE NO E007 OF 2024** **TAKAFUL INSURANCE OF AFRICA..........................................PLAINTIFF** **=VERSUS=** **LUKAS OTORO OINO......................................................1ST DEFENDANT** **CHARLES OMUNDI..........................................................2ND DEFENDANT** **RULING** 1. This ruling is on the Application dated 1st April 2024. By it, the Plaintiff’s has sought leave to serve the pleadings in this suit, by substituted service. It is supported by a Supporting Affidavit, and is on the ground that the Plaintiff has been unable to trace the defendants for service. 2. The Application is unopposed. The mere fact that an application has not been responded to, does mean it should be allowed as prayed. Even where no response has been filed, a court has to satisfy itself of three things, namely: 3. *That its jurisdiction has been properly invoked;* 4. *That the Application has met the legal threshold of an application of that nature; and* 5. *That the orders the Application is seeking are grantable.* 6. Upon perusing this Application, I find that it is not only non-contentious, but also meets this criterion. Upon further considering its grounds and prayers, I find that the grounds sufficient to justify the grant of leave for substituted service. 7. Consequently, the Application is hereby allowed. In terms that the Plaintiff is hereby granted leave to serve the pleadings herein by substituted service by way of an advertisement in a prominent newspaper of national wide circulation within Kenya. That be done within 21 days from the date of this ruling; and an affidavit of the service be filed, with a copy of the newspaper advertisement annexed. 8. There shall be no orders as to the costs of this Application. **DATED and DELIVERED at KISII on this 22nd day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**