REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
MISC CIVIL CASE NO E009 OF 2025
GRISHON GITAU KIMANI………………………………………..……………1 ST APPLICANT
JAMES LUTTAH SHIKUKU………………………………………………………2 ND APPLICANT
VERSUS
DAVID KIMATHI…………………………………….…….…………………..1 ST RESPONDENT
DANIEL M’MUGAMBI M’MWIRICHIA…………………………………..2 ND RESPONDENT
RULING
1. I have looked at the Applicants’ Notice of Motion application dated 14 th April 2026 and filed on 8 th May 2026 and their Supporting Affidavit that was sworn on 14 th April 2026 and the enclosures therein.
2. I noted that the Defendant was served as per the Affidavit of Service of Gertrude Mutange that was sworn and filed on 12 th May 2026. The Respondents are not present in court either physically or virtually as at 10.22 am. They have also not filed a response to the said application. The said application is therefore technically unopposed.
DISPOSITION
3. Having heard the Applicants’ counsel, I hereby allow the Applicants’ said Notice of Motion application dated 14 th April 2026 and filed on 8 th May 2026 in terms of Prayer No (2) therein.
4. There will be no order as to costs as it was the Applicants who filed the matters in Nanyuki in the first instance.
5. Orders accordingly.
DATED and DELIVERED at NANYUKI this 18 th day of May 2026
J. KAMAU
JUDGE
HCC MISC APPLICATION NO E012 OF 20262
IN THE HIGH COURT OF KENYA AT NANYUKI
MISC CIVIL CASE NO E009 OF 2025
GRISHON GITAU KIMANI………………………………………..……………1 ST APPLICANT
JAMES LUTTAH SHIKUKU………………………………………………………2 ND APPLICANT
VERSUS
DAVID KIMATHI…………………………………….…….…………………..1 ST RESPONDENT
DANIEL M’MUGAMBI M’MWIRICHIA…………………………………..2 ND RESPONDENT
RULING
1. I have looked at the Applicants’ Notice of Motion application dated 14 th April 2026 and filed on 8 th May 2026 and their Supporting Affidavit that was sworn on 14 th April 2026 and the enclosures therein.
2. I noted that the Defendant was served as per the Affidavit of Service of Gertrude Mutange that was sworn and filed on 12 th May 2026. The Respondents are not present in court either physically or virtually as at 10.22 am. They have also not filed a response to the said application. The said application is therefore technically unopposed.
DISPOSITION
3. Having heard the Applicants’ counsel, I hereby allow the Applicants’ said Notice of Motion application dated 14 th April 2026 and filed on 8 th May 2026 in terms of Prayer No (2) therein.
4. There will be no order as to costs as it was the Applicants who filed the matters in Nanyuki in the first instance.
5. Orders accordingly.
DATED and DELIVERED at NANYUKI this 18 th day of May 2026
J. KAMAU
JUDGE
HCC MISC APPLICATION NO E012 OF 20262