REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MISCELLANEOUS CIVIL APPLICATION NO. OF 2003

IN THE MATTER OF ORDER 53 RULE 1 OF THE CIVIL PROCEDURE ACT

AND
IN THE MATTER OF THE LAND DISPUTES TRIBUNALS ACT 1990
AND
IN THE MATTER OF TRIBUNAL CASE NO. 2 OF 1999 MBIUNI/MAKIVILA/508
AND
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

REPUBLIC .........................................................................……………...... APPLICANT

VERSUS

NORMAN KIOKO…………………………………………………......…………...... 1ST RESPONDENT

SAMUEL M. MUTISYA …………………………………………………..……………. 2ND RESPONDENT
PATRICK K. KIOVI ……………………………………………………………………. 3RD RESPONDENT
ALEXANDER KALA ……………………………………………………………………… 4TH RESPONDENT
(Sitting as the Land Disputes Tribunal at Mwala Machakos District)

EX-PARTE NZIOKA MUTISYA

AFFFIDAVIT OF SERVICE
(Order L r 3(3) of the Civil Procedure Rules)

I, AZARIA AKELLO of P.O. Box 14885-00100 Nairobi, a duly authorised process server
of the High Court of Kenya, do make Oath and state as follows:

THAT I am a process server duly authorised to serve civil process.

THAT on the 7th day of February 2003, I received copies of Notice of Motion dated 6th
February 2003 from M/s. Oluoch-Olunya & Co. Advocates with instructions to serve the
same upon the respondents herein at Mwala in Machakos District.

THAT in the presence of Mr. Nzioka Mutisya the applicant, we managed to effect service
upon Norman Kioko, Samuel Mutisya, Patrick Kiovi all of whom we found at Mwala
Shopping Centre at approximately 3.15 p.m. They all received their copies of the Notice
of Motion signed the back of the principal copy in acknowledgement of reciept.

THAT on the 11th February 2003 I effected the service upon the 4th respondent Mr.
Alexander Kala at St. Joseph Youth Polytechnic at Mwala. Upon my introduction and the
purpose of my visit, he received the copy of the application but declined to sign at the
back of my principal copy.
THAT I happen to know the respondents herein through the applicant in this case Mr.
Mutisya.

THAT all what is deponed herein is true to the best of my knowledge and belief.

SWORN by the said )

AZARIA AKELLO )
at Nairobi this ___________ )
day of ______________ 2003 ) ……………………………………………………………
)
)
BEFORE ME )
)
)
)
)
COMMISSIONER FOR OATHS )