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JudgmentLAVINGTON SECURITY LIMITED AND NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES VS BONIFACE NYABENGI BIRUNDI AND TABITHA MORAA MOKAYA1 min read

LAVINGTON SECURITY LIMITED AND NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES VS BONIFACE NYABENGI BIRUNDI AND TABITHA MORAA MOKAYA

High Court at Milimani High Court · · M.S.Shariff

RULING
1. The 1st Appellant Lavington Security Limited, has approached this court vide a Chamber Summons dated 2nd September 2026 brought under the provisions of Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order 6A Rule 8 of the Civil Procedure Rules, 2010 and all other enabling provisions, wherein it craves for an order that the Chamber Summons filed herein dated the 2nd day of September 2026, being an urgent application, be heard at the earliest possible moment during the Recess Vacation of this Honourable Court ON THE GROUNDS THAT unless this Honorable Court issues the interim orders sought pending the hearing and determination of this instant Application, the Applicant will suffer irreparable loss and damage.
2. The application is supported by an affidavit of ROBERT KOMEN.
3. It is instructive to note that the Order 6A Rule 8 as cited by the 1st Appellant is an alien provision under the Civil Procedure Rules. 4. As a court I am unable to discern the intent and purpose of this application; it has neither been brought under the High Court Vacation Rules nor does it make any reference to a substantive application. What the 1st appellant has achieved by filing this application is to vex this court unnecessarily while on Recess. This application epitomizes a litigant’s conduct that is aptly characterized as vexatious, frivolous and an abuse of court process.
5. On the balance this application is devoid of merit and is hereby dismissed with no orders as to costs.
Delivered, signed and dated at Milimani Court this 3rd day of September 2026.
M.S. Shariff
Judge