PAMM & 3 others v Actis Kenya Limited (Civil Case E256 of 2022) [2026] KEHC 1831 (KLR) (Civ) (18 February 2026) (Ruling) Neutral citation: [2026] KEHC 1831 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL CASE E256 OF 2022 JN MULWA, J FEBRUARY 18, 2026 BETWEEN PAMM ..................................................................................................... 1ST PLAINTIFF ANN MALINDA TOMA .................................................................... 2ND PLAINTIFF SMM (MINOR SUING THROUGH THE 1ST PLAINTIFF, HER FATHER AND NEXT FRIEND) ................................................................................... 3RD PLAINTIFF JMM (MINOR SUING TROUGH THE 1ST PLAINTIFF HER FATHER AND NEXT FRIEND) ................................................................................... 4TH PLAINTIFF AND ACTIS KENYA LIMITED ...................................................................... DEFENDANT RULING In Chambers 1. The court has unfortunately decided to take a very unpleasant action to recuse itself from handling this matter due to the following reasons:i. At all times the Plaintiff acting in person has been unruly, uncontrollable, seeking to be heard on his applications open handedly, for very long periods, to the dissatisfaction of counsel and litigants on the platform who have severally and in his presence raised concerns on the Plaintiff’s conduct during court proceedings despite the court having tried numerous times to guide him on court protocols and procedure. ii. The Plaintiff has over the last one year sought numerous reliefs from the court by applications upon application and the court has granted him humble opportunity to argue his applications by way of written submissions. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1831/eng@2026-02-18 1
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iii. However none of his applications since the first two (2) motions in the case dated 31/01/2024 and 8/10/2024 which rulings were delivered on 31/07/2025; no other has been determined due to the plaintiffs denying the court opportunity to deliver the rulings on the pending applications by seeking stay of Delivery of the rulings, which the court has granted. However, this cannot be tolerated as the court has to take into account opposite party’s interests too. iv. Further, the Plaintiff has orally and by motion dated 29th September, 2025, sought orders for his court files to be henceforth stored in the appropriate strong room and that all its movements be fully documented and traceable; stating that he has no faith in the registry keeping his court file suggesting interference by the staff. Upon the court advising him that his court files are kept in the strong room, having advised the Registry Administrator to do so, tells me in court that he too is not comfortable with the files being kept in the judge’s chambers yet it has to be so to facilitate preparation of rulings. v. It is obvious that the plaintiff has no faith in this court, in particular the Judge (myself) nor my staff, and the Civil Division Registry Staff. vi. The Plaintiff’s conduct and behavior is not conducive to proper court proceedings being undertaken in the manner provided under the Civil Procedure Rules and practice directions. He has viciously declined to heed to the court’s directions including senior counsel trying to advise him too on the manner of arguments in court. vii. In the court’s opinion, the Plaintiffs has intentions to cause “unpleasant drama in court” which I am not ready to entertain. 2. For these reasons and to avoid unpleasant outcomes, I am forced to recuse myself from further handling any of his cases ie. HCCC. No. E256 of 2022 and HCCC. No. E13 of 2024. 3. These two court files are hereby placed before the presiding judge, Civil Division for allocation to another judge. DELIVERED DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF FEBRUARY, 2026. JANET MULWA. JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1831/eng@2026-02-18 2
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