REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII HIGH COURT CIVIL CASE NO E007 OF 2024 TAKAFUL INSURANCE OF AFRICA..........................................PLAINTIFF =VERSUS= LUKAS OTORO OINO......................................................1ST DEFENDANT CHARLES OMUNDI..........................................................2ND DEFENDANT RULING 1. This ruling is on the Application dated 1st April 2024. By it, the Plaintiff’s has sought leave to serve the pleadings in this suit, by substituted service. It is supported by a Supporting Affidavit, and is on the ground that the Plaintiff has been unable to trace the defendants for service. 2. The Application is unopposed. The mere fact that an application has not been responded to, does mean it should be allowed as prayed. Even where no response has been filed, a court has to satisfy itself of three things, namely: (a) That its jurisdiction has been properly invoked; (b) That the Application has met the legal threshold of an application of that nature; and (c) That the orders the Application is seeking are grantable. 3. Upon perusing this Application, I find that it is not only noncontentious, but also meets this criterion. Upon further KISII HC Civil Case No. E007 of 2024 1
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considering its grounds and prayers, I find that the grounds sufficient to justify the grant of leave for substituted service. 4. Consequently, the Application is hereby allowed. In terms that the Plaintiff is hereby granted leave to serve the pleadings herein by substituted service by way of an advertisement in a prominent newspaper of national wide circulation within Kenya. That be done within 21 days from the date of this ruling; and an affidavit of the service be filed, with a copy of the newspaper advertisement annexed. 5. There shall be no orders as to the costs of this Application. DATED and DELIVERED at KISII on this 22 nd day of July 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Civil Case No. E007 of 2024 2
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