WILLIAM NGARE, DAVID MIANO, WINNIE ROSE WANGU, EPHARAIM GIKANDI & JANE GATHIGIA V. PUBLIC TRUSTEE, MARGARET WANGUI MURIUKI, PETER WANDERI MURIUKI, BEATRICE WAITHIRA, MARY NYAWIRA, ELIZABETH WAITHENYA MURIUKI, BENSON WANDERI MURIUKI, JOHN MANYO KAGUNYA, DAVID GITHUI KAGUNYA, MARGARET WAITHERA & MARY GATHONI MUGO (REPRESENTATIVE OF JACKSON MUGO WANDERI

RULING

By an application dated 20^th May 2013 presented under Rule 17 of the Rules of this Court and under Order 5 Rule 17(1)(4) of the Civil Procedure Rules 2010 the applicants seek leave of this Court to serve the record of appeal, the supplementary record and the amended supplementary record of appeal in this matter upon the 11^th respondent, Mary Gathoni Mugo, the representative of Jackson Mugo Wanderi, deceased by substituted service by way of advertisement in the local daily newspaper.

The application is supported by two affidavits. The first affidavit is labelled “affidavit of non-service” and was sworn by Samson N. Wambua, a process server, on 20^th May 2013. David Miano, the 2nd applicant swore the second affidavit.

At the hearing of the application before me, learned counsel for the applicants Mr. G.N Thiongo referred to the affidavits and stated that the process server has explained that he made several attempts to serve process on the 11^th respondent unsuccessfully; that he (the…