1. The application dated 5th June 2024 filed by H.K. Songoyo & Associates seeks leave to effect service of the pleadings upon the defendant/respondent by substituted service in a local daily of national circulation. It is premised on the grounds on its face and supported by the affidavit of Hillary K. Songoyo sworn 5th June 2024
2. He deposes that they have been unable to trace the defendant as required by Law in order to effect service; that the defendant’s last known address P.O Box 29 – 20103 Eldama Ravine no longer belongs to him and has since been allocated to a different person; that the defendant has never set foot on the suit property since 1969 although he is the registered owner. He urges the court to grant him leave to serve the defendant by way of substituted service since they have exercised due diligence and effort to serve the defendant physically but have not been successful.
3. I have read and considered the application, the grounds and the supporting affidavit. I have also looked at the annextures namely a letter by the Chief Sirwa Location dated 5th March 1992 marked JKB 2(b) and a letter by John Chepsergon Bondet dated 25th February 1992 marked JKB 2(a) and I am satisfied with the explanation given on efforts made to trace the defendant in order to effect personal service.
4. Consequently, I allow prayer 1 in the application and direct the applicant to place an advertisement in the Daily Nation Newspaper on a week day in a visible page within 30 days.
5. The matter will be mentioned on 18th September 2024 for directions.
6. Orders accordingly.
Dated, signed and delivered at Iten this 15th day of July, 2024.
Ruling delivered virtually in the absence of;-
Mr. Songoyo for the Plaintiff.
N/A for the Defendant.
Court Assistant: Ian.