Kamwira v County Government of Isiolo & 50 others [2023] KEELC 20913 (KLR) | Substituted Service | Esheria

Kamwira v County Government of Isiolo & 50 others [2023] KEELC 20913 (KLR)

Full Case Text

Kamwira v County Government of Isiolo & 50 others (Environment & Land Case 05 of 2023) [2023] KEELC 20913 (KLR) (23 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20913 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case 05 of 2023

PM Njoroge, J

October 23, 2023

Between

Silas Kirimi Kamwira

Plaintiff

and

County Government of Isiolo & 50 others

Respondent

Ruling

1. This application is dated 18/10/2023 and has been brought to court under a certificate of urgency.

2. The application seeks the following orders;a.That this honourable court be pleased to certify that this application is urgent and that the same be heard expeditiously.b.That this honourable court do grant leave to the applicant to serve the application dated July 21, 2023 by substituted service, by placement of the same in one of the Kenyan dailies Standard, Nation, Peoples Newspapers or Star and the same do apply in the main suit.c.That costs of this application be in the cause.

3. The application is supported by the affidavit of Silas Kirimi, the applicant and has the following grounds;a.That other than few, the respondents are unknown to the applicant.b.That equally unknown and difficult to find out is the places of residence of the rest of the Respondents.c.That it’s therefore easier and convenient to serve in one of the daily newspapers in a circulation in the Country –Kenya.d.That no prejudice would be caused to the Respondents as the applicant will meet the substituted services costs.

4. After carefully considering the application and the accompanying documents, and having heard the applicants advocate, I find that the application has merit. The following orders are issued;-a.This application is allowed.b.Costs shall be in the cause.c.Further directions will be issued on 11/12/2023.

DELIVERED IN OPEN COURT THIS 23RD DAY OF OCTOBER, 2023 IN THE PRESENCE OF:Court Assistant: Balozi/RahmaOndari for the applicantHON. JUSTICE P M NJOROGEJUDGE