County Government of Homabay v Keysan Auctioneers Services & 5 others [2023] KEELC 15912 (KLR)

County Government of Homabay v Keysan Auctioneers Services & 5 others (Environment & Land Case 21 of 2021) [2023] KEELC 15912 (KLR) (22 February 2023) (Ruling)

Neutral citation: [2023] KEELC 15912 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 21 of 2021

GMA Ongondo, J

February 22, 2023

Between

County Government Of Homabay

Plaintiff

and

Keysan Auctioneers Services

1st Defendant

Equity Bank

2nd Defendant

Peres Atieno Mirura

3rd Defendant

Chief Land Registrar

4th Defendant

National Land Commission

5th Defendant

Attorney General

6th Defendant

Ruling

1. Learned Counsel, Mr. S.O Nyauke for the plaintiff has applied for service of the 3rd defendant, Peres Atieno Mirura by way of substituted service on the grounds as follows;a.The matter has been pending in court for a long time.b.The 3rd defendant cannot be traced.c.In the interest of justice

2. Mr. Ondade Learned Counsel for the 1st and 2nd defendants has no objection to the application.

3. Indeed, this suit has been pending in court for along period of time. Article 159(2) (b) of the Constitutionof Kenya 2010, reads:“Justice shall not be delayed”

4. This court is guided by Order 5 Rule 17 of the Civil Procedure Rules, 2010on substituted service.

5. So, the plaintiff’s application is satisfactory and is hereby allowed under Order 5 Rule 17 (supra).

6. The applicant’s Counsel to serve the 3rd respondent by substituted service within the next thirty (30) days from this date.

7. Also, the 3rd, 4th and 5th respondents be served by the plaintiff counsel.

8. The matter is fixed for further directions on April 17, 2023.

9. Orders accordingly.

VIRTUALLY DELIVERED AND DATED AT HOMABYA THIS 22ND DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGEPRESENTMr. S.O Nyauke, learned counsel for the plaintiffMr. Odande learned counsel for the 1st and 2nd defendants.