Karsan Ramji & Sons Limited v Officer Commanding Station Kanyonyoo Police Station & 4 others

RULING 1. This matter is for ruling in respect of the application dated April 6, 2023. The Applicant seeks orders 2 and 4 of the said application. 2. The application was rst led before the High Court and this court on April 11, 2023. The Judge of the High Court noted that the matter was related to another matter before the ELC and directed that in order to avoid conicting orders and/or parallel orders, the le be transferred to this court for hearing and further orders and the applicant was directed to serve the respondents. 3. The application was scheduled for hearing before this court on April 17, 2023 when counsel for the petitioner/applicant and the Ocer Commanding Ngutani Police Station the 2nd respondent attended court. 4. The applicant conrmed having served on the respondents the petition, Notice of Motion, adavits in support of the application and petition together with the orders dated April 11, 2023 and a mention notice dated April 12, 2023. 5. Counsel further conrmed that he had led adavits of service. Upon perusal of the adavits of service led on April 17, 2023 the court noted that the documents attached to the said adavits did not show that some of the respondents were aware of the date the application was scheduled for hearing. Counsel undertook to regularize the position and provide duly received, and stamped copies of attachments/ annexures to the adavits of service. 6. I have looked at the adavits of service led and note as follows: i. The two adavits of service led are stated to be sworn by Henry Nyamoko and Aggrey Avumba. ii. The two adavits are stated to have been made by Henry Nyamoko and Aggrey Avumba but the jurat of the two adavits states that they were “sworn at Nairobi by Leroy Shikanda on April 14, 2023 before Jotham Okome Arwa Advocate.” iii. The adavit of service of Henry Nyamoko/Leroy Shikanda did not attach the stamped copies of documents received by the 3rd respondent. iv. The adavit of Aggrey Avumba/Leroy Shikanda only attached the stamped certicate of urgency received and stamped by the 5th respondent. It did not attach the stamped and received Notice of Motion, mention notice and/or orders issued on April 11, 2023. 7. From the above observations, the court nds that the adavits of service led are defective and they do not show the process server who eected service. 8. The court further nds that from the attachments to the said defective adavits of service there is no proof that the 3rd and 5th respondents were notied of the date on which the application was to be heard. 9. It is further noted that the issues raised in this suit are common to the issues raised in ELC Petition No E005 of 2022 and specically orders issued in the said suit on November 10, 2022. 10. Arising from the foregoing the court makes the following directions; i. The petition dated April 6, 2023, the notice of motion dated April 6, 2023 be served afresh on the respondents and a proper adavit of service be led. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17927/eng@2023-04-20 2

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ii. The notice of motion dated April 6, 2023 to be heard on April 26, 2023. iii. That ELC Petition No E005 of 2022 Karsan Ramji & Sons Ltd Vs County Assembly of Kitui & Another be placed before the court together with this le on April 26, 2023 for directions and counsels in that petition be served with a mention notice and these directions. iv. Costs shall be in the cause. DATED, SIGNED AND DELIVERED AT KITUI THIS 20TH DAY OF APRIL 2023. L. G. KIMANI JUDGE ENVIRONMENT AND LAND COURT, KITUI Ruling virtually in the presence of: C/A Musyoki Okwach together with Shikanda for Petitioner/Applicant N/A for Respondents https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17927/eng@2023-04-20 3

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