Director of Survey & 2 others v Ogoye & 881 others; National Land Commission & 2 others (Interested Parties) (Land Case E035 of 2024) [2025] KEELC 6156 (KLR)
The bottom line
#The Environment and Land Court in Kisumu allowed plaintiffs to notify land defendants through newspaper adverts after direct service proved impossible.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should be granted to the Plaintiffs' Counsel to effect service of the suit documents upon the affected persons by means of substituted service
Key legal issues
#Whether substituted service was warranted
The court found the application had merit and allowed it, granting leave for substituted service
Having considered the grounds on the face of the application and the contents of the Supporting Affidavit, the court was satisfied that substituted service was appropriate. It allowed the application and supplemented the proposed modes of service with advertisement in the Daily Nation for the Defendants, while directing physical service on the Interested Parties.
Legal principles established
#- Where personal service cannot be effected, the court may grant leave for substituted service and may augment the proposed modes with newspaper advertisement
Court orders
#- 1.Leave granted to the Plaintiffs' Counsel to effect service of the suit documents by substituted service
- 2.In addition to the modes of substituted service proposed in the Chamber Summons, the Summons to Enter Appearance, copies of the Plaint and all accompanying documents to be served upon the Defendants by way of advertisement in the Daily Nation newspaper
- 3.The Interested Parties to be served physically
- 4.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent powers of the court over service of process; suit relating to Kisumu/Kogony and Kanyakwar registration sections
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the court finds that the application has merit and hereby allows it
The court hereby directs that In Addition To the modes of substituted service proposed in the Chamber Summons, the Summons to Enter Appearance, copies of the Plaint and all accompanying documents be served upon the Defendants by way of advertisement in the Daily Nation newspaper.
The Interested Parties to be served physically. Costs in the cause.
Issues in the judgment
#The suit number and full party names are not stated in the ruling; the judgment text also contains typographical errors rendering 'Plaintiffs' as 'Plaintifis' and 'Affidavit' as 'Afidavit'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Director of Survey & 2 others v Ogoye & 881 others; National Land Commission & 2 others (Interested Parties) (Land Case E035 of 2024) [2025] KEELC 6156 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6156/eng@2025-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.