1. This Court gave orders to the Applicant/6th Defendant to serve the application dated 07.06.2026 upon the Plaintiffs/Respondents. The application was to be served by 9.6.2026.
2. Mr. Horeria concedes that he served the application on 10.6.2026 due to a personal emergency.
3. The Plaintiff’s Counsel maintains that he needed time to respond to the application. That one of the Defendants travelled out of the Country and has not come back.
4. This Court is mindful that personal liberties are to be taken seriously and any action limiting the same has to be taken cautiously.
5. The Court takes note of the application and the grounds stated therein. The Court also notes that the Plaintiffs need to be heard in response.
6. Had the Applicant complied with the orders made by this Court as to service, the Applicant would have heard an opportunity of at least obtaining instructions.
7. For now, the Court has to balance the rights of the Plaintiffs and the 6th Defendant.
8. The Court is not persuaded that it should issue any orders at this point of time.
9. Let the Plaintiff file a Replying Affidavit within 7 days from today.
10. The 6th Defendant to file a Supplementary Affidavit and Submissions within 7 days. The Plaintiffs to file Submissions within 7 days.
11. The matter to proceed for highlighting on 09.07.2026 by consent. Parties to comply strictly.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 11TH DAY OF JUNE, 2026.
NJOROGE BENJAMIN K.
JUDGE
2. Mr. Horeria concedes that he served the application on 10.6.2026 due to a personal emergency.
3. The Plaintiff’s Counsel maintains that he needed time to respond to the application. That one of the Defendants travelled out of the Country and has not come back.
4. This Court is mindful that personal liberties are to be taken seriously and any action limiting the same has to be taken cautiously.
5. The Court takes note of the application and the grounds stated therein. The Court also notes that the Plaintiffs need to be heard in response.
6. Had the Applicant complied with the orders made by this Court as to service, the Applicant would have heard an opportunity of at least obtaining instructions.
7. For now, the Court has to balance the rights of the Plaintiffs and the 6th Defendant.
8. The Court is not persuaded that it should issue any orders at this point of time.
9. Let the Plaintiff file a Replying Affidavit within 7 days from today.
10. The 6th Defendant to file a Supplementary Affidavit and Submissions within 7 days. The Plaintiffs to file Submissions within 7 days.
11. The matter to proceed for highlighting on 09.07.2026 by consent. Parties to comply strictly.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 11TH DAY OF JUNE, 2026.
NJOROGE BENJAMIN K.
JUDGE