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Case Brief · caselaw.co.ke
ELCAllowedELC NO. E005 OF 2026

Lucy Wambui Thuo v Daniel Kibe

Environment and Land Court
22 September 2026
885 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kajiado court allowed a land case to proceed against a defendant who cannot be found, by serving him through a newspaper advertisement.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kajiado (M.D. Mwangi J) on a notice of motion dated 21st September 2026 by Lucy Wambui Thuo, the applicant, seeking leave to serve an originating summons on the respondent, Daniel Kibe, by substituted service. The applicant deposed, through her advocate Christopher Kimiti Njoroge, that the respondent's current physical address, contact details and whereabouts are unknown, making personal service impossible. She sought service by publication in a newspaper of nationwide circulation, affixing a copy of the pleadings on the court notice board and on a conspicuous part of the suit property. The court framed a single issue: whether the application is merited. Applying Order 5 Rule 17 of the Civil Procedure Rules, the court held that substituted service is permitted where the applicant demonstrates inability to effect personal service on the defendant, his authorised agent or an adult family member residing with him after several attempts. Modes include affixing on conspicuous places and advertisement. The court also reviewed electronic service under Order 5 rules 22B and 22C, citing authority that delivery receipts or WhatsApp blue ticks evidence effective service. Satisfied that personal service was impossible, the court allowed substituted service by prominent advertisement in a newspaper of nationwide circulation within 21 days, directed the respondent to enter appearance and respond within 21 days of service, and ordered the application's costs to abide the outcome of the main case.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the application is merited

Key legal issues

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01

Whether leave for substituted service should be granted

Holding

Application allowed; advertisement in a newspaper of nationwide circulation ordered

Reasoning

Order 5 Rule 17 confers a discretion to order substituted service where the court is satisfied that personal service on the defendant, his agent, or an adult family member residing with him is impossible after several attempts. Modes include affixing on conspicuous places and advertisement (sub-rule 4). The applicant demonstrated that the respondent's whereabouts and contact details are unknown, rendering personal service impossible.

p. 3

Legal principles established

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  • The sole requirement for substituted service under Order 5 Rule 17 is that the court be satisfied that summons cannot be served under the preceding rules

Court orders

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  1. 1.Leave granted for service of the originating summons by substituted service by way of a prominent advertisement in a newspaper of nationwide circulation within 21 days from the date of the ruling
  2. 2.The respondent to enter appearance and file his response within 21 days after service
  3. 3.Costs of the application to abide the outcome of the case

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 13 and 19 of the Environment and Land Court Act; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 5 Rule 17 of the Civil Procedure Rules

Quotable passages

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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 sole requirement for the exercise of the court’s discretion under the rule is that the court must be satisfied that the summons cannot be served in accordance with the preceding rules.
p. 2Threshold for substituted service
Consequently, I allow the application for service of the originating summons by substituted service by way of a prominent advertisement in a newspaper of national wide circulation in the next 21 days from the date of this ruling.
p. 5Final orders
The costs of this application shall abide the outcome of the case.
p. 5Costs

Issues in the judgment

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minor

Order 5 rule 22B/22C discussion not carried through to the analysis

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Lucy Wambui Thuo v Daniel Kibe", Case Analysis (2026). ELC NO. E005 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5572/eng@2026-09-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.