REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A HIGH COURT CIVIL MISC. NO.E095 OF 2025 SIMON MAINA MWANGI (suing as Administrator of JOSPHAT MUIKAMBA MAINA …………………………………………..…..APPLICANT VERSUS ANTHONY KEFA KASIA ………..………1ST DEFENDANT/RESPONDENT KENNEDY MAHARIA ……….…………..2ND DEFENDANT/RESPONDENT RULING 1. On 28th April, 2026, the matter came up for mention for the 2 nd Defendant to show cause why Motor vehicle Registration No. KBN 632 MITSUBISHI CANTER should not be sold by public auction to satisfy the decree herein and the sale to be conducted by PHILLIPS INTERNATIONAL AUCTIONEERS. The said Notice to show cause was issued on 15th April, 2026. 2. According to Counsel for the Applicant, the said notice was served upon the 2nd Defendant on 22nd April, 2026 and an affidavit of service sworn on even date to confirm service filed. Counsel for the applicant told court that they had not received any response and prayed that HCC MISC. APP. E095 OF 2025 RULING Page 1 of 3
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the Notice to show cause why the Motor Vehicle registration No. KBN 632Y MITSUBISHI CANTERS be allowed. 3. Having listened to Counsel for the Applicant, I have perused the record and confirm that indeed there is no response filed in respect of the Notice to Show cause issued on 15 th April, 2026. I also note that the 2nd Defendant has not attended court in said representation to explain non compliance or absence in court. This is despite evidence of service upon then vide the affidavit of service sworn on 22 nd April, 2026. 4. In the circumstances, there being no response or appearance by the 2nd Defendant and or representation, I find there is explanation, justification or cause demonstrated/shown as to why the Motor Vehicle Registration Number KBN 632Y, MISTUBISHI CANTER should not be sold by way of public auction to satisfy the decree herein. In the circumstances: (a) Motor Vehicle Registration Number KBN 632Y make MITSUMBHI CANTER be sold by way of Public Auction to satisfy the Decree herein. HCC MISC. APP. E095 OF 2025 RULING Page 2 of 3
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(b) The said sale shall be conducted by PHILIPS INTERNATIONAL AUCTIONEERS. It is so ordered. THIS RULING IS DATED, SIGNED AND DELIVERED THIS 5 TH DAY OF MAY 2026. HON. DORAH CHEPKWONY JUDGE In the presence of Court Assistant Nelly/Brian M/s Mareta holding brief for M/s Mutungi Counsel for the Applicant No appearance for 1st and 2nd Defendant HCC MISC. APP. E095 OF 2025 RULING Page 3 of 3
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