Mleka v Shewe (Enviromental and Land Originating Summons E007 of 2026) [2026] KEELC 4744 (KLR)
The bottom line
#A Mombasa court allowed a Kenyan litigant to serve court papers by newspaper ad, but only if they also try phone, email, and post first.
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 applicant has demonstrated diligent efforts to effect personal service on the respondent
- 2.Whether leave should issue for substituted service by newspaper advertisement, and on what terms and modes
Key legal issues
#Whether substituted service by advertisement was merited
Allowed, with additional graduated modes of service
The process server made physical visits to the plot, neighbourhood inquiries and a registry follow-up at the Lands Office, all without success. The court found these efforts more than perfunctory and was satisfied personal service could not be effected. However, applying its own gloss on Order 5 rule 17, it required that newspaper advertisement be supplemented by any last known electronic or physical channels of contact, and fixed a 30-day appearance period, with an affidavit of compliance to be filed.
Legal principles established
#- An order for substituted service should not issue on bare generalities; the applicant must demonstrate specific, chronological and diligent efforts at personal service, and the proposed mode must be reasonably likely to bring the suit to the respondent's notice.
- Substituted service is a secondary remedy resorted to only after all reasonable and proper efforts to trace the respondent have failed.
- Procedure must remain the servant of justice; courts should favour graduated alternatives calculated to bring proceedings to the attention of the person to be served before resort to newspaper advertisement alone.
Court orders
#- 1.Leave granted to serve the respondent by substituted service through advertisement in either the Daily Nation or the Standard newspaper, in a reasonably sized and conspicuous part of the paper
- 2.In addition to the advertisement, the applicant shall transmit the pleadings or a notice of the suit by any available last known contact: SMS, WhatsApp, email, registered post, or delivery at last known residence or place of business
- 3.An affidavit of compliance shall be filed exhibiting the newspaper advertisement and any available proof of transmission or attempted transmission through the additional modes
- 4.The respondent shall enter appearance within thirty (30) days from the date of publication of the advertisement, failing which the matter may proceed in accordance with the law
- 5.Costs of the application shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 5 rule 17 and Order 51 rule 1 of the Civil Procedure Rules, 2010; sections 1A, 1B and 3A of the Civil Procedure Act
Relief refused
#Service of all pleadings by advertisement alone as sought
The court required graduated additional modes of service beyond newspaper advertisement
Appearance within 15 days as sought
The court fixed 30 days from publication instead of the 15 days sought
Costs of the application to the applicant
Costs were made costs in the cause rather than awarded to the applicant
Costs
Costs of the application shall be in the cause.
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 applicant is hereby granted leave to serve upon the respondent by way of substituted service through advertisement in either the Daily Nation or the Standard newspaper, in a reasonably sized and conspicuous part of the paper.
In an age when people may be easier found through a telephone number, an email address, a messaging application, a relative, an agent, or a last known residence than through a formal knock on the door, procedure must remain the servant of justice and not its jailer.
The respondent shall enter appearance within thirty (30) days from the date of publication of the advertisement, in default of which the matter may proceed in accordance with the law.
Costs of the application shall be in the cause.
Issues in the judgment
#The judgment text contains OCR-style rendering errors (e.g. 'efiort' for 'effort', 'afidavit' for 'affidavit', 'Lands Ofice', 'afixing'); quotes are reproduced character-for-character from the provided text.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mleka v Shewe (Enviromental and Land Originating Summons E007 of 2026) [2026] KEELC 4744 (KLR)", Case Analysis (2026). Notice of Motion dated 12th March 2026 (ELC suit, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4744/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.