Kenyan Alliance Insurance Co Ltd v Wambui (Civil Case E017 of 2025) [2025] KEHC 17080 (KLR) (12 November 2025) (Ruling) Neutral citation: [2025] KEHC 17080 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL CASE E017 OF 2025 DO CHEPKWONY, J NOVEMBER 12, 2025 BETWEEN KENYAN ALLIANCE INSURANCE CO LTD ..................................... APPLICANT AND VALENTINE OKOTH WAMBUI ....................................................... RESPONDENT RULING 1. 2. For determination before this court is the Notice of Motion application dated 26th September, 2025, in which the Applicant seeks the following orders:a. Spent. b. That this Honourable Court be pleased to set aside and/or vary the ruling dated 25th September, 2025 and all consequential orders and proceedings thereto. c. That this court be pleased to grant the Applicant to prosecute the suit and the application dated 22nd July, 2025. d. That the costs of this application be borne by the Claimant. The Application is based on the grounds as set out on its face and the Supporting Affidavit of Lydia W. Mwangi sworn on even date. According to the Applicant, on 25th September, 2025 the court dismissed the suit and application dated 22nd July, 2025 for non-attendance by the parties. It is the Applicant’s Counsel contention that on the said day, he was virtually in court until 5.00 p.m. and his efforts to gain the court’s attention by raising his hand virtually, bore no fruits. The Applicant holds that he is desirous of prosecuting the suit and application as he is likely to suffer substantial loss, if he is not given a chance to be heard. He states that there will be no prejudice on the Respondent since she had not entered appearance despite service of the pleadings and the application https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17080/eng@2025-11-12 1
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upon her. He thus asks that the application dated 22nd July, 2025 being unopposed, be allowed as presented. Analysis and Determination 3. Having read the Notice of Motion application dated 22nd July, 2025, the Supporting Affidavit and heard the Applicant’s counsel in their oral submissions, the court notes that the application is unopposed as there is an Affidavit of Service of Timothy Maxwell Coomera sworn on 15th October, 2025 which confirms service upon the Respondent vide her Whatsapp Number +254 724 xxx 934, but there is no Memorandum of appearance filed or attendance or representation to explain absence. The court further notes that the application was filed expeditiously without any delay. The court has considered the explanation given by the Applicant and owing to the fact that there would be no prejudice to the Respondent, the court proceeds to allow the application in the following terms:a. The ruling delivered and dated 2nd September, 2025 and all consequential orders and proceedings thereto be and are hereby set aside and or are varied. b. The Applicant is hereby granted leave to prosecute the application dated 22nd July, 2025 and suit. c. Costs of the application to be borne by its Claimant. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 12TH DAY OF NOVEMBER ,2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17080/eng@2025-11-12 2
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