1. The Application before Court is the Notice of Motion dated 9th June 2023 in which the applicant sought the orders on the face of the Application and is presented under Article 159 of the Constituion of Kenya and Sections 1A,1B and 3A of the Civil Procedure Rules and Order 37 rules 18 and 19 of the Civil Procedure rules.
2. The Application is opposed. Having directed that the application be canvassed by written submissions the parties have both complied and filed their respective submissions.
3. I will proceed to dismiss the Application as rule 7 and part IV of the Matrimonial Proceeding Rules, 2022 are clear on the manner of instituting a claim and responding to it. I am unable to compel the Applicant to produce documents that have not been identified and further it has not been established they are in his custody. The Court cannot be enrolled to assist a party to build its case.
4. I find that there is no merit in the Application dismiss it and make the following orders
a) The Respondent to file Counterclaim if she intends to within 14 days from the date hereof with corresponding leave granted to the Applicant to file further affidavit if necessary
b) In preparation for hearing of the Originating Summons, parties to file and exchange witness statements, list and bundles of documents within 45 days.
c) The Applicant to bear the costs of this Application assessed at Kshs 20000 payable within 30 days.
d) Mention before the Deputy Registrar Family Division on 16th April 2024 to confirm compliance and take directions.
It is so ordered