Odhiambo & 2 others v The Chairman Board of Management Ahero Girls Secondary School [2024] KEHC 8171 (KLR)

Odhiambo & 2 others v The Chairman Board of Management Ahero Girls Secondary School (Miscellaneous Civil Application E001 of 2021) [2024] KEHC 8171 (KLR) (9 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8171 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application E001 of 2021

MS Shariff, J

July 9, 2024

Between

Benard Omondi Odhiambo

1st Applicant

Dickens Omondi Ogutu

2nd Applicant

Vincent Owino Lumumba t/a Bedvin Investments

3rd Applicant

and

The Chairman Board of Management Ahero Girls Secondary School

Respondent

Ruling

1. I have perused the Applicant’s notice of motion dated 4/7/2024 and the supporting affidavit of Nannungi Mariat sworn on even date and I do note that the notice of withdrawal was never endorsed by this court and the same was not a consent of the parties.

2. Due to the above reasons I make the following orders:-1. This application is not certified as urgent.2. The same be served within 2 days from the date hereof.3. The Respondent to file a response within 7 days from the date of service.4. Applicant to file and serve a further affidavit, if need be and submissions within 20 days from the date hereof.5. Respondent to file its submissions within 29 days from the date hereof.6. Mention on 8/8/2024 to confirm compliance.

DELIVERED, DATED AND SIGNED AT KISUMU THIS 9TH DAY OF JULY 2024. M. S. SHARIFFJUDGE