Nyangeso & 2 others v Ombati & 4 others (Civil Case E001 of 2022) [2026] KEHC 12968 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEHC 12968 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CIVIL CASE E001 OF 2022 SIFUNA NIXON, J JULY 28, 2026 BETWEEN TOM MOI NYANGESO ....................................................................... 1ST PLAINTIFF DAVID OTUNDO NYANGESO ......................................................... 2ND PLAINTIFF AGNES NYABOKE OBONYO ............................................................ 3RD PLAINTIFF AND JONATHAN OMBATI ....................................................... 1ST INTERESTED PARTY PETER NYANGOKO ........................................................ 2ND INTERESTED PARTY AND ABSOLOMON M NYANGOKA ........................................................... DEFENDANT AND EZEKIEL MOKORO .......................................................... 1ST INTERESTED PARTY HENRY ORORI ASANYO ............................................... 2ND INTERESTED PARTY RULING 1. The Plaintifis obtained the court’s leave, to join the Interested Parties as defendants in this suit. They are now seeking leave to amend their plaint, so as to formally join them in this suit as parties. 2. In the interest of Justice and in accordance with the provisions of Order 1 Rule 10 and Order 8 Rule 2 of the Civil Procedure Rules, as well as Section 100 of the Civil Procedure Act, the plaintifis are hereby granted leave to amend their plaint to join them. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12968/eng@2026-07-28 1
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3. The amendment be in terms only of introducing the claim against those parties, and not for any further or other amendment. The amended plaint be filed and served within 7 days from the date of this ruling, and an affidavit of service be filed before close of business on 4th August 2026. 4. Thereafter the Defendant and the Interested Parties now as defendants, shall within 15 days from service of the plaint, file and serve their defence(s). DATED AND DELIVERED AT KISII ON THIS 28TH DAY OF JULY 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12968/eng@2026-07-28 2
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