George M. Ndirangu v Kenya Revenue Authority & Director of Pension [2014] KEHC 5258 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

MISC. CIVIL APPLICATION NO.355 OF 2012

GEORGE M. NDIRANGU .............................. APPELLANT

VERSUS

KENYA REVENUE AUTHORITY ....... 1ST RESPONDENT

DIRECTOR OF PENSION ................. 2ND RESPONDENT

DIRECTIONS

This matter was coming up for ruling on 7/03/2014, however the same was not delivered as I was away on official engagements in Nairobi.

I was at the verge of writing the ruling when I noted a few omissions – which in my view would result in an unfair outcome without giving weight to the substantive issue.  I find that no proper service was effected on the Attorney General, as the return of service does not bear any stamp in acknowledgement of the service.  Moreover, under section 3(2) of the Kenya Revenue Authority Act, the 1st Respondent) is an independent entity capable of suing and being sued on its own name.  There is no evidence that the applicant served it separately.

From the aforegoing observations, I suspend delivery of ruling and direct that:-

The applicant do effect proper service on the Respondents within 7 (seven) days from today’s date.

The respondents do file their responses if any within seven days of service.

The application be fixed for hearing at the registry on PRIORITY basis.

The applicant do personally appear in court for examination regarding the merits of the claim and property in accordance with the provisions of Order 33 Rule 4 of the Civil Procedure Rules.

Delivered and dated this 16th day of May, 2014 at Nakuru

H.A. OMONDI

JUDGE