Maruti & 8 others v Wanyonyi & 4 others [2025] KEHC 9930 (KLR)

Maruti & 8 others v Wanyonyi & 4 others (Civil Suit 8 ‘A” of 2020) [2025] KEHC 9930 (KLR) (9 July 2025) (Ruling)

Neutral citation: [2025] KEHC 9930 (KLR)

Republic of Kenya

In the High Court at Bungoma

Civil Suit 8 ‘A” of 2020

MS Shariff, J

July 9, 2025

Between

Erastus W Maruti

1st Applicant

Abel Machenje

2nd Applicant

Jenefffer Mulemi (Suing on Behalf of Chwele Integrated Displaced Persons IDPs)

3rd Applicant

Fred W. Kitui

4th Applicant

Eliud Chege

5th Applicant

David N. Saratuki (Suing on Behalf of Mukuyuni Integrated Displaced Persons IDPs)

6th Applicant

Henry Simiyu

7th Applicant

Vincent Weswa

8th Applicant

Jotham Wangatia (Suing on Behalf of Mayanja Integrated Displaced Persons IDPs)

9th Applicant

and

Hudson Kituyi Wanyonyi

1st Respondent

Kenya Commercial Bank Ltd

2nd Respondent

County Commissioner Bungoma

3rd Respondent

The Attorney General

4th Respondent

Principal Secretary for Ministry of Interior & Coordination of National Government

5th Respondent

Ruling

1. I have considerd the application for an adjournment made by Mr Kapkoriri for the 3rd – 5th defendants and the resistance put forth by Mr Odero for the plaintiff. I have also considered the concession made by J.B Macharia for the 2nd defendant and given that this is the 1st time that this application has been made by the 3rd to the 5th defendants on grounds of indisposition of Mr Simiyu I will allow the same.

2. Due to the fact that the absence of Mr Simiyu was not communicated to Mr Odero in advance and his 3 witness are on the way I will award the plaintiff costs assessed at Ksh 17500/- payable before the next hearing date.

DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 9THDAY OF JULY 2025. M.S. SHARIFFJUDGE