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ELCAllowedNot stated in the judgment· [2025] KEELC 6156 (KLR)
Director of Survey & 2 others v Ogoye & 881 others; National Land Commission & 2 others (Interested Parties) (Land Case E035 of 2024) [2025] KEELC 6156 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Kisumu allowed plaintiffs to notify land defendants through newspaper adverts after direct service proved impossible.
What this practically means
#Executive summary
#This is a short interlocutory ruling of the Environment and Land Court at Kisumu (E. Asati, J) delivered virtually on 24th September 2025. The 1st, 2nd and 3rd Plaintiffs, through counsel S. Juma (with A. Rioba holding brief), moved the court by a Chamber Summons dated 8th September 2025 seeking leave to effect service of the suit documents upon the affected persons on Kisumu/Kogony registration section in diagram 18 Kanyakwar B registration section diagrams 2, 3 and 4 of the maps by means of substituted service. There was no appearance for the Defendants or the Interested Parties. Having read the grounds on the face of the application and the Supporting Affidavit, the court found the application had merit and allowed it. It granted leave for substituted service and, going beyond the modes proposed in the application, directed that the Summons to Enter Appearance, copies of the Plaint and all accompanying documents be served on the Defendants by advertisement in the Daily Nation newspaper. The Interested Parties were to be served physically. Costs were ordered to be in the cause. The ruling is procedural in nature, disposing solely of the question of service; it makes no findings on the substantive land dispute.
Key legal issues
#01
Whether substituted service was warranted
Holding
The court found the application had merit and allowed it, granting leave for substituted service
Reasoning
Having considered the grounds on the face of the application and the contents of the Supporting Affidavit, the court was satisfied that substituted service was appropriate. It allowed the application and supplemented the proposed modes of service with advertisement in the Daily Nation for the Defendants, while directing physical service on the Interested Parties.
p. 1
Legal principles established
#- Where personal service cannot be effected, the court may grant leave for substituted service and may augment the proposed modes with newspaper advertisement
Court orders
#- 1.Leave granted to the Plaintiffs' Counsel to effect service of the suit documents by substituted service
- 2.In addition to the modes of substituted service proposed in the Chamber Summons, the Summons to Enter Appearance, copies of the Plaint and all accompanying documents to be served upon the Defendants by way of advertisement in the Daily Nation newspaper
- 3.The Interested Parties to be served physically
- 4.Costs in the cause
- Jurisdiction invoked
- Inherent powers of the court over service of process; suit relating to Kisumu/Kogony and Kanyakwar registration sections
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Director of Survey & 2 others v Ogoye & 881 others; National Land Commission & 2 others (Interested Parties) (Land Case E035 of 2024) [2025] KEELC 6156 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6156/eng@2025-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.