[2025] KEELC 5267 (KLR)
The court found that the suit was an abuse of the court process because the defendant was deceased long before the suit was filed, making service impossible. The court also found that the documents filed by the plaintiff and the process server, including a letter purportedly from the area Chief and photographs of...
Source-derived case information.
- Citation
- [2025] KEELC 5267 (KLR)
- Parties
- Plaintiff: Michael Njuguna Wambui; Defendant: Jacob Mwangi Kinuthia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E020 of 2023
- Procedural Posture
- Originating Summons / Ruling on Notice of Motion to Strike Out Suit
- Outcome
- suit struck out with costs to the defendant's family
- Judges
- MN Gicheru
- Legal Topics
- Striking Out of Suit, Abuse of Court Process, Forgery of Court Documents, Service on Deceased Person
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Njuguna Wambui
Plaintiff
Jacob Mwangi Kinuthia
Defendant
Procedural Posture
Originating Summons / Ruling on Notice of Motion to Strike Out Suit
Legal Issues
- 1 Whether the suit discloses any reasonable cause of action or defence in law.
- 2 Whether the suit is scandalous, frivolous, vexatious, or an abuse of the court process.
- 3 Whether the documents filed by the plaintiff and process server are forgeries.
Ratio Decidendi
The court found that the suit was an abuse of the court process because the defendant was deceased long before the suit was filed, making service impossible. The court also found that the documents filed by the plaintiff and the process server, including a letter purportedly from the area Chief and photographs of the suit land, were forgeries. The court held that such conduct is alarming and cannot be tolerated, and that the suit was scandalous, frivolous, vexatious, and outrightly baseless. Consequently, the court exercised its discretion under Order 2 rule 15(1)(d) of the Civil Procedure Rules to strike out the suit in its entirety with costs to the defendant's family.
Court Disposition
suit struck out with costs to the defendant's family
Orders
- The suit is struck out in its entirety under Order 2 rule 15(1)(d) of the Civil Procedure Rules.
- Costs awarded to the family of the defendant.
Full Case Text
Judgment text and source record
19 paragraphs
Wambui v Kinuthia (Enviromental and Land Originating Summons E020 of 2023) [2025] KEELC 5267 (KLR) (15 July 2025) (Ruling)
Neutral citation: [2025] KEELC 5267 (KLR)
Republic of Kenya
In the Environment and Land Court at Muranga
Enviromental and Land Originating Summons E020 of 2023
MN Gicheru, J
July 15, 2025
Between
Michael Njuguna Wambui
Plaintiff
and
Jacob Mwangi Kinuthia
Defendant
Ruling
1. This ruling is on the notice of motion dated 14-5-2025. The motion is brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Order 2 rule 15, Order 51 rule 1 Civil Procedure Rules and all other enabling provisions of the law. It seeks three orders.1. That this Court be pleased to find that the suit by the Plaintiff does not disclose any reasonable cause of action or defence in law and it is scandalous, frivolous, vexatious and outrightly baseless.2. That the suit be struck out in its entirety.3. That the costs be provided for.
2. The motion is based on five grounds and is supported by two affidavits sworn by Florence Wanjiru Mwangi and Simon Kinuthia Wanyoike. The affidavits are dated 12-5-2025 and have four (4) annexures. The gist of the grounds and the affidavit is as follows. One, the Defendant died in the year 2004 and this suit was filed in the year 2023 and he could not have been served. Two, the process server Joel Maina filed a forged letter purporting to have been authored by Chief Simon Kinuthia Wanyoike which is not the case. The photographs filed by the Plaintiff are forged because they show buildings yet the suit land has no buildings and has never been occupied by anyone. Currently, the land is overgrown with bushes having been left fallow for the last two (2) years. Three, the deceased was a well known businessman in the area and his eldest son Kamande Mwangi was the member of parliament for Maragua Constituency for two terms. Four, the Plaintiff must be a fraudster who knows that the deceased is dead and is out to acquire the suit land fraudulently. Five, the letter dated 8/1/2024 filed by the process server in Court on 12-1-2024 is outrightly fake as the Chief writes such letters by hand in blue ink biro or pen and the Chief has never met him. Finally, the matter has been reported to Makuyu Police Station for police action aimed at unveiling who the Plaintiff really is and what business he is involved in.
3. The motion, though served upon the Plaintiff through his postal address in Nairobi is unopposed.
4. Having considered the motion in its entirety, I find that it has merit. It is very alarming that both the process server and the Plaintiff can file forged documents in Court especially the letter from Chief of Kakuzi/Kirimiri. I strike out the suit with costs to the family of the Defendant. The striking out is under Order 2 rule 15 (1) (d) of the Civil Procedure Rules for the suit is clearly an abuse of the Court process.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 15TH DAY OF JULY, 2025. M.N. GICHERUJUDGE.Delivered online in the presence of; -Court Assistant – Mwangi NjonjoPlaintiff – AbsentDefendant – Mr. Muguku