RULING
1. The Application dated 16.02.2026 is marked as withdrawn.
2. The Preliminary Objection dated 2.04.2026 is overtaken by events.
3. The Applicant will be awarded costs of Kshs.5,000 for today’s attendance and cost of filing the Preliminary Objection dated 2.04.2026 payable within 30 days from today’s date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Ogembo for the Plaintiff
Defendant: Mr. Chirchir holding brief for Mr. Kigen for the Defendant/Applicant
Ms. Masaka for the 2nd Defendant
| ELC.E004 of 2023 RULING1 |