Atieno v Change (Environment and Land Case E002 of 2025) [2025] KEELC 7965 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a landowner claiming adverse possession to notify an untraceable defendant through newspaper adverts and notices posted on the disputed land.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether the application is merited or not
Key legal issues
#Whether the applicant had exhausted the modes of personal service so as to qualify for substituted service under Order 5 Rule 17
The application was merited; the applicant had made genuine attempts to serve and complied with Order 5 Rules 7, 8, 12, 13, 14, 15 and 17, so leave for substituted service was granted subject to conditions
The court set out the hierarchy of service steps under Order 5: personal service (Rule 7), service on an authorized agent (Rule 8), service on an adult family member (Rule 12), and finally substituted service (Rule 17). The process server's affidavit showed failed attempts through the Chief and Assistant Chief and social media searches. The court was satisfied these were genuine attempts and allowed the application with specific conditions on the mode and place of advertisement.
Legal principles established
#- Where personal service fails despite diligent attempts, a plaintiff may apply for substituted service under Order 5 Rule 17, which may be by advertisement or such other manner as the court thinks fit
Court orders
#- 1.The Applicant shall advertise the summons to enter appearance and the pleadings within twenty-one (21) days in either the Daily Nation or the Standard Newspaper, at least an eighth (1/8th) of a page, not in the business section
- 2.The Plaintiff shall affix copies of the summons to enter appearance, A3 size, on the outside of the Defendant's gate and conspicuous places at the four corners of the suit parcel, and other copies on the court notice board, within seven (7) days
- 3.Mention on 15th December 2025 to confirm compliance
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 5 Rule 17 of the Civil Procedure Rules, 2010
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the Court formed the opinion that the Applicant had made genuine several attempts to serve the process. Thus, he complied with Order 5 Rules 7, 8, 12, 13, 14, 15 and 17 of the Civil Procedure Rules.
First, the Applicant shall advertise the summons to enter appearance and the pleading herein within the next twenty-one (21) days in either the Daily Nation or the Standard Newspaper of at least an eighth (1/8th) of a page in size
Issues in the judgment
#Multiple typographical errors in the judgment (e.g. 'efiorts', 'dificult', 'responded' for respondent; plaintiff and defendant names appear inconsistently as 'John Michael Chang' and 'Junichiro')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Atieno v Change (Environment and Land Case E002 of 2025) [2025] KEELC 7965 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7965/eng@2025-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.