1. On 25th February 2025, I delivered a ruling herein, on an application, dated 5th December 2024, which had sought conservatory orders, on the basis that, prima facie, there was material to justify grant of the order.
2. Thereafter I gave directions, for disposal of the petition by way of written submissions. The petitioner filed written submissions, dated 4th April 2025. I have read through them and noted the arguments made.
3. The respondents stayed away from the proceedings, despite service with the papers filed herein, as evidenced by the affidavits of service on record. The averments made by the petitioner, in his petition and verifying affidavits, were neither contested nor controverted. I considered the case presented by the petitioner in my ruling of 25th February 2025 and found it to be prima facie established. That was, of course, subject to a contrary case being presented by the respondents. No such case has been presented, and the case, as set out by the petitioner, holds.
4. There shall be no need to belabour the point, in view of what I have stated above. Consequently, I shall grant the prayers sought in the petition, dated, 5th December 2025, in terms of prayers (a) and (b) thereof. It is so ordered.
DELIVERED VIA EMAIL, AND DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 23RD DAY OF MAY 2025.
W. MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Muriithi, instructed by Ntoiti & Company, Advocates for the petitioner.
2. Thereafter I gave directions, for disposal of the petition by way of written submissions. The petitioner filed written submissions, dated 4th April 2025. I have read through them and noted the arguments made.
3. The respondents stayed away from the proceedings, despite service with the papers filed herein, as evidenced by the affidavits of service on record. The averments made by the petitioner, in his petition and verifying affidavits, were neither contested nor controverted. I considered the case presented by the petitioner in my ruling of 25th February 2025 and found it to be prima facie established. That was, of course, subject to a contrary case being presented by the respondents. No such case has been presented, and the case, as set out by the petitioner, holds.
4. There shall be no need to belabour the point, in view of what I have stated above. Consequently, I shall grant the prayers sought in the petition, dated, 5th December 2025, in terms of prayers (a) and (b) thereof. It is so ordered.
DELIVERED VIA EMAIL, AND DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 23RD DAY OF MAY 2025.
W. MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Muriithi, instructed by Ntoiti & Company, Advocates for the petitioner.