1. The Court has looked at the application dated 1st July 2026 wherein the applicant the following reliefs:
(a) Spent
(b) That this Court be pleased to grant leave to the 2nd Respondent/Applicants to reconstruct the Court file in Eldoret High Court Miscellaneous Civil Application 174/2023 and, upon the reconstruction, the reconstructed file be merged with the skeleton file.
(c) THAT this court be pleased to order that a Skeleton File in Eldoret High Court Miscellaneous Civil Application 174/2023 be opened.
(d) THAT the Court File in respect of this matter, Eldoret High Court Miscellaneous Civil Application 174/2023, be reconstructed based on the pleadings and documents in the E-Filing System.
(e) THAT the pleadings and documents annexed to the Affidavit herein be accepted as copies of the originals filed in Court.
(f) THAT the costs of this application be provided for.
2. I have looked at the grounds as advanced by the applicant as elucidated in the supporting affidavit of even date.
3. The court notes that at paragraph 10 of the supporting affidavit deponent pointed out that they have written several letters to the deputy registrar to no avail.
4. Annexure 5A has not made any request for the file while an annexure 5B which is a letter dated 29th, January 2026 is requesting the Deputy register of the court to intervene assist in securing the file.
5. The court notes that no such letters have been produced to the court to support the application.
6. That be as it may, the court is of the opinion that more effort could help locate the file.
7. In order to balance the duty to promote the applicant’s right to access to justice on one side and in order to ensure that a skeleton file is not prematurely created on the other, the court directs the deputy registrar to ensure that court file is secured within 30 days failure which the prayers 3 and 4 of the application be issued.
8. This miscellaneous file shall remain alive until 22nd October 2026 when the matter will be mentioned to appraise this court on the status.
(a) Spent
(b) That this Court be pleased to grant leave to the 2nd Respondent/Applicants to reconstruct the Court file in Eldoret High Court Miscellaneous Civil Application 174/2023 and, upon the reconstruction, the reconstructed file be merged with the skeleton file.
(c) THAT this court be pleased to order that a Skeleton File in Eldoret High Court Miscellaneous Civil Application 174/2023 be opened.
(d) THAT the Court File in respect of this matter, Eldoret High Court Miscellaneous Civil Application 174/2023, be reconstructed based on the pleadings and documents in the E-Filing System.
(e) THAT the pleadings and documents annexed to the Affidavit herein be accepted as copies of the originals filed in Court.
(f) THAT the costs of this application be provided for.
2. I have looked at the grounds as advanced by the applicant as elucidated in the supporting affidavit of even date.
3. The court notes that at paragraph 10 of the supporting affidavit deponent pointed out that they have written several letters to the deputy registrar to no avail.
4. Annexure 5A has not made any request for the file while an annexure 5B which is a letter dated 29th, January 2026 is requesting the Deputy register of the court to intervene assist in securing the file.
5. The court notes that no such letters have been produced to the court to support the application.
6. That be as it may, the court is of the opinion that more effort could help locate the file.
7. In order to balance the duty to promote the applicant’s right to access to justice on one side and in order to ensure that a skeleton file is not prematurely created on the other, the court directs the deputy registrar to ensure that court file is secured within 30 days failure which the prayers 3 and 4 of the application be issued.
8. This miscellaneous file shall remain alive until 22nd October 2026 when the matter will be mentioned to appraise this court on the status.