1. The instant ruling in lieu of the expected judgment is precipitated by the directions of the court as disclosed in the proceedings of 23rd October 2025 and upon hearing Counsel for some of the parties in this suit.
2. Notably, it is the duty of this court to ensure that a party was made aware of the matter and to have that party served with all the necessary papers. The party has the right to appear or decline to appear in the matter; see Festus Ogada-vs-Hans Mollin (2009) eKLR.
3. On 23rd October 2025, only the plaintiff, the 2nd and 3rd defendants were represented in court. Thus, Mr J Mbaka learned counsel for the plaintiff was directed to serve the other parties for this date;
4. Today, the plaintiff’s counsel is absent and there is no evidence of service upon the other parties. I have heard Mr Bitok and Mrs Mbeche instructed by Mr Mbeche learned counsel for the 1st and 3rd defendants respectively as pertains the determination of this matter.
5. Article 10 (2) of the Constitution of Kenya 2010 enshrines national values and principles of governance inclusive of transparency and accountability. All the parties in this suit are entitled to access to justice and fair trial including the final decision under Articles 25 (c ) and 48 of the said Constitution.
6. In the premises, both the learned counsel for the 1st defendant and learned counsel for the 3rd defendant to serve all the parties including learned counsel for the plaintiff for judgment on 28th January 2026.
7. It is so ordered.
DATED and DELIVERED at KAPSABET this 16th day of DECEMBER 2025.
G M A ONGONDO
JUDGE
In the presence of;
Mr Bitok learned counsel for the 1st defendant
Mrs Mbeche instructed by Mr Mbeche learned counsel for the 3rd defendant
Walter, court assistant