Kinuthia & another (Suing as Representatives of the Estate of Samson Kinuthia Ndungu (Deceased)) v Gichure (Enviromental and Land Originating Summons E019 of 2025) [2026] KEELC 1049 (KLR) (25 February 2026) (Ruling) Neutral citation: [2026] KEELC 1049 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANGA ENVIROMENTAL AND LAND ORIGINATING SUMMONS E019 OF 2025 MN GICHERU, J FEBRUARY 25, 2026 BETWEEN JANE WANJIKU KINUTHIA ............................................................. 1ST PLAINTIFF PATRICK NDUNGU KINUTHIA .................................................... 2ND PLAINTIFF SUING AS REPRESENTATIVES OF THE ESTATE OF SAMSON KINUTHIA NDUNGU (DECEASED) AND JEMIMAH WARINGA GICHURE ....................................................... DEFENDANT RULING 1. 2. This ruling is on the exparte notice of motion dated 5-2-2026. The motion which is brought under Order 5 rule 17 of the Civil Procedure Rules seeks two orders. a. Leave to serve the Respondent by way of substituted service through registered post or local daily newspaper. b. That costs of this application be provided for. The motion is based on two grounds and is supported by an afidavit sworn by Jane Wanjiku Kinuthia dated 5-2-2026. The gist of the grounds and the afidavit is as follows. Firstly, the Plaintifi has been unable to trace the Defendant. Secondly all efiorts to trace the Defendant have failed as it is impossible to trace the Defendant. Thirdly, the only option left is to serve the Defendant as proposed in the ex-parte motion dated 5-2-2026. 3. I have carefully considered the motion in its entirety and I find that it has no merit for the following reasons. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1049/eng@2026-02-25 1
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Firstly, on 30-6-2025, this Court gave clear directions on how the Defendant was to be served. These very clear directions were given in the presence of Mr. Gachari Advocate. The Plaintifi was given more than 2 ½ months to comply with those directions but failed to do so. 4. Secondly, the so called tireless efiorts made by the 1st Plaintifi in trying to trace the Defendant have not been enumerated in the afidavit dated 5-2-2026. The Plaintifi should comply with the directions dated 30-6-2025. If she does so, there will be a way out on service. The motion dated 5-2-2026 is dismissed. Costs in the cause. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 25TH DAY OF FEBRUARY, 2026. M.N. GICHERU JUDGE. Delivered online in the presence of; Court Assistant – Mwangi Njonjo Plaintifis’ Counsel – Miss Mueni holding brief https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1049/eng@2026-02-25 2
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