REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC. CIVIL APPLICATION NO. E376 OF 2026 JOSEPH APPLICANT KARANJA……………………………………………….1ST JOEL KARIUKI APPLICANT NDIRANGU……………………………………2ND VERSUS FRANCIS KIMEU RESPONDENT MUTUKU………………………………….1ST LUCY AKOTH RESPONDENT OKUMU……………………………………...2ND JOSPHAT OKINDO RESPONDENT ATURA …………………………...……3RD RULING1 1. The applicants herein have filed this Notice of Motion application dated 9th April 2026 under Order 11 and 51 Rule 1 of the Civil Procedure Rules, Section 1A, 1B, 3A, 18(1) (b) of the Civil Procedure Act and any other enabling provisions of the law seeking the following orders: (i) Spent. (ii) That this Honourable Court be pleased to order that Dagoretti MCCC No. E073 of 2026 – Francis Kimeu Mutuku v. Joseph Karanja & Joel Kariuki 1 | Ruling in Misc. Civil Application NO. E376 of 2026
page 1 of 6
Ndirangu be and is hereby transferred to the Chief Magistrate’s Court at Milimani and consolidated with Milimani MCCC No. E2310 of 2025 – Lucy Akoth Okumu v. Joseph Karanja and Joel Kariuki Ndirangu and Milimani MCCC No. 3329 of 2024 – Joseph Okindo Aturo v. Joel Kariuki Ndirangu & Joel Karanja for hearing and determination. (iii) That costs of this application be provided for. 2. The grounds supporting this application are that thee claims in the three matters arise from the same cause of action being a road traffic accident that is alleged to have occurred on 12th February 2024 along Kombo-Munyiri Road involving the respective Plaintiffs in the three matters and motor vehicle registration number KCW 897E. 3. In the Supporting Affidavit sworn by Kennedy Ochieng, Advocate on th 9th April 2026, it is deposed that to his personal knowledge, the claim by the Plaintiffs in the named suits arise from the same cause of action, being a traffic road accident that is alleged to have occurred on 12 th 2 | Ruling in Misc. Civil Application NO. E376 of 2026
page 2 of 6
February 2024 along Kombo Munyiri Road involving the respective Plaintiffs and Motor Vehicle Registration No. KCW 897E. 4. It is deposed that Dagoretti MCCC No. E073 of 2026 is yet to be fixed for hearing while Milimani MCCC No. E2310 of 2025 has been fixed for hearing on 6 th May 2026 and Milimani MCCC No. E3329 of 2025 is pending mention on 29th April 2026 before Hon. Mrcy Malingu (SRM). 5. It is deposed that the are common issues of fact and law for determination in the said claims, especially the issue of liability and there it is only fair and just that these issues be determined by one court to avoid conflicting decisions on similar issues. 6. In his brief oral submissions, Mr. Ochieng urged that the Dagoretti matter, MCCC No. E073 of 2026 – Francis Kimeu Mutuku v Joseph Karanja and Joel Ndirangu and Milimani MCCC No. E2310 of 2025 be consolidated with Milimani MCCC No. 3329 of 2024 and be placed before Hon. Mercy Malingu for directions on 29th April 2026. 3 | Ruling in Misc. Civil Application NO. E376 of 2026
page 3 of 6
7. The application was served on all the Respondents as evidenced by the Affidavit of Service dated 17 th April 2026. The Respondents were not in court at the time of taking the brief submissions from Mr. Ochieng. 8. However, at the close of the submissions, Mr. Nyengenye introduced himself as appearing for the Plaintiff. He told the court that he had not objection to the application to have the three matters consolidated and heard together. He informed the court that Milimani MCCC No. 3329 of 2024 is fixed for mention to confirm filing of submissions on 29/4/2026 and that it would be prudent to have the other two matters consolidated and placed before Hon. Mercy Malingu (SRM) who has the conduct of the MCCC No. 3329 of 2024 for directions. 9. I have considered the application. It is not opposed. 10. I am persuaded that it is prudent to have the three matters consolidated and heard together. For this reason I hereby allow the application in terms of prayer 2 of the Notice of Motion dated 9th April 2026 to the effect that: 4 | Ruling in Misc. Civil Application NO. E376 of 2026
page 4 of 6
(i) That Dagoretti MCCC No. E073 if 2026 – Francis Kimeu Mutuku v. Joseph Karanja and Joel Kariuki Ndirangu be and is hereby transferred to the Chief Magistrate’s Court at Milimani and be consolidated with Milimani MCCC No. E2310 of 2025 – Lucy Akoth Okumu v. Joseph Karanja and Joel Kariuki Ndirangu and Milimani MCCC No. 3329 of 2024 – Josephat Okindo Aturo v. Joel Kariuki Ndirangu and Joseph Karaja. (ii) That the above matters shall be placed before Hon. Mercy Malingu for mention for directions on 29th April 2026. (iii) That each party shall bear own costs for this application. 11. It is so ordered. Dated signed and delivered this 28th April 2026. S. N. MUTUKU JUDGE 5 | Ruling in Misc. Civil Application NO. E376 of 2026
page 5 of 6
6 | Ruling in Misc. Civil Application NO. E376 of 2026
page 6 of 6