1. This matter was set for a hearing on December 15 and December 16, 2025.
2. The 3rd Defendant has filed a Preliminary Objection (PO) and a Notice of Motion, both dated December 10, 2025. A jurisdictional issue has been raised, arguing that this matter belongs in the High Court. It is characterized as a commercial case involving the transfer of shares, and there are also considerations of res judicata and sub judice. Mr. Kiplagat contends that these issues should take center stage.
3. Mr. Bwire opposes. He states that there have been attempts to block progress on the matter at all costs. These issues have never been raised before. The case can now move forward. After that, those issues can be decided in the main judgment. All five witnesses have, once again, traveled to testify.
4. Mr. Makworo says he has just come on record. He needs time to file his client's statement. He will be ready to proceed tomorrow. The issues raised can be addressed in the main judgment. His client was never involved in the Mombasa case, so sub judice and res judicata do not apply.
5. Directions have been given multiple times. Last time, Mr. Kiplagat was ill. We scheduled two days of hearings with all parties' agreement. The jurisdiction question was not raised. The Preliminary Objection and Notice of Motion were filed late. I noticed this over the weekend and issued directions today. They were filed late, despite knowing about the scheduled hearing today and tomorrow. Parties were not in time to prevent travel, especially for a physical hearing as ordered. They should have been filed earlier to save costs.
6. Nevertheless, since the application raises a jurisdiction issue, and jurisdiction is crucial and must be raised as early as possible, I will direct that the Preliminary Objection and the Notice of Motion be heard first, and it is ordered that:
i) The application and the Preliminary Objection are to be served immediately. The Respondents have 14 days from then to respond. After that, the parties have 7 days to submit written arguments.
ii) The previous costs and expenses incurred today by the parties must be paid by the 3rd Defendant before the next hearing date, upon proof of expenditure, since the motions were filed late, and the 3rd Defendant was well aware of the scheduled hearing.
iii) Ruling on January 21, 2026
Dated, signed, and delivered electronically in Malindi on December 15, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Makworo for the Plaintiff
Mr. Bwire for the 2nd Defendant
Mr. Kiplagat for the 3rd Defendant
Happy: Court Assistant
2. The 3rd Defendant has filed a Preliminary Objection (PO) and a Notice of Motion, both dated December 10, 2025. A jurisdictional issue has been raised, arguing that this matter belongs in the High Court. It is characterized as a commercial case involving the transfer of shares, and there are also considerations of res judicata and sub judice. Mr. Kiplagat contends that these issues should take center stage.
3. Mr. Bwire opposes. He states that there have been attempts to block progress on the matter at all costs. These issues have never been raised before. The case can now move forward. After that, those issues can be decided in the main judgment. All five witnesses have, once again, traveled to testify.
4. Mr. Makworo says he has just come on record. He needs time to file his client's statement. He will be ready to proceed tomorrow. The issues raised can be addressed in the main judgment. His client was never involved in the Mombasa case, so sub judice and res judicata do not apply.
5. Directions have been given multiple times. Last time, Mr. Kiplagat was ill. We scheduled two days of hearings with all parties' agreement. The jurisdiction question was not raised. The Preliminary Objection and Notice of Motion were filed late. I noticed this over the weekend and issued directions today. They were filed late, despite knowing about the scheduled hearing today and tomorrow. Parties were not in time to prevent travel, especially for a physical hearing as ordered. They should have been filed earlier to save costs.
6. Nevertheless, since the application raises a jurisdiction issue, and jurisdiction is crucial and must be raised as early as possible, I will direct that the Preliminary Objection and the Notice of Motion be heard first, and it is ordered that:
i) The application and the Preliminary Objection are to be served immediately. The Respondents have 14 days from then to respond. After that, the parties have 7 days to submit written arguments.
ii) The previous costs and expenses incurred today by the parties must be paid by the 3rd Defendant before the next hearing date, upon proof of expenditure, since the motions were filed late, and the 3rd Defendant was well aware of the scheduled hearing.
iii) Ruling on January 21, 2026
Dated, signed, and delivered electronically in Malindi on December 15, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Makworo for the Plaintiff
Mr. Bwire for the 2nd Defendant
Mr. Kiplagat for the 3rd Defendant
Happy: Court Assistant