County Government of Kiambu & another v Kururia (Constitutional Petition E073 of 2015) [2026] KEHC 4027 (KLR) (16 March 2026) (Ruling) Neutral citation: [2026] KEHC 4027 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CONSTITUTIONAL PETITION E073 OF 2015 DO CHEPKWONY, J MARCH 16, 2026 IN THE MATTER OF: ARTICLES 2, 3, 19, 20, 21, 22, 23, 24, 165, 258 AND 259 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: THE COUNTY GOVERNMENTS ACT, 2012 AND IN THE MATTER OF: THE RIGHT TO EDUCATION UNDER ARTICLE 53 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF: PRUDENT USE OF PUBLIC RESOURCES UNDER ARTICLE 201 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF: THE UNLAWFUL AND ILLEGAL DEMOLITION OF THE ST. FRANCIS MANG’U ECDE CENTRE BETWEEN COUNTY GOVERNMENT OF KIAMBU ..................................... 1ST PETITIONER COUNTY EXECUTIVE COMMITTEE MEMBER FOR EDUCATION, COUNTY GOVERNMENT OF KIAMBU ....................................................... 2ND PETITIONER AND HON. ELIJAH NJOROGE KURURIA .............................................. RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4027/eng@2026-03-16 1
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RULING 1. On 4th March, 2026, this matter came up for mention for parties to confirm compliance of directions issued on 17th November, 2025 in respect of a Notice of Motion application dated 12th November, 2025. The Petitioner’s counsel then informed this Court that he had served the Respondents with the pleadings herein and there is an Affidavit of Service filed on 3rd February, 2026 to confirm this but no response had been filed. He thus sought for directions that the interim orders in place be confirmed and the matter to proceed with the hearing and determination of the main Petition. 2. However, the court has looked at the Case Tracking System (CTS) and finds that there is no Affidavit of Service filed on 3rd February, 2026 or any other date to confirm service upon the Respondent as alleged. For this reason, the court cannot issue any directions on the Petition that could be adverse to the Respondent in absence of proof of service. The court thus directs:a. The Petitioners/Applicants to serve the Respondent and file the Affidavit of Service by close of business today to enable the Respondent file and serve his response within seven (7) days from the date of service. b. Mention on 15th April, 2026 for parties to take directions on hearing of the application. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF MARCH, 2026. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4027/eng@2026-03-16 2
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