A woman who filed a lawsuit against Mining Cabinet Secretary Salim Mvurya, claiming that he is her biological father and should support her financially, has been allowed to publish her case papers against the minister in newspapers.
Kakamega Senior Principal Magistrate Joseph Ndururi issued the directive after the Mining CS proved unreachable.
The court also allowed the woman, Yvonne Anono Omazi from Kkakamega, to affix her case papers at his office or other prominent locations.
Through her lawyer Edwin Wafula, the 29-year-old woman had expressed frustration with attempting to serve the minister with the legal documents for the lawsuit.
Wafula told the court last week that he made numerous attempts to serve the minister with the lawsuit documents, but was unsuccessful each time.
“I have on several times visited Mvurya’s office in Nairobi but was denied entry by security details,” he wrote in his application seeking orders to use the substitute means to serve him.
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“Mvurya being the CS for Mining, wields enormous powers and being aware of this matter, has decided to frustrate service. Ms Omazi’s suit can therefore not be filed for hearing since the defendant (Mvurya) has not been served,” the lawyer said.
He also informed the court that he could not serve the writ through WhatsApp or email as the minister’s phone number had not been linked to WhatsApp, and the only email he had, was associated with his job and not the personal one.
Consequently, Wafula requested the court to grant orders for substitute service, enabling the case to proceed despite the minister’s inability to be served with the papers.
In response to the application, Magistrate Ndururi granted the lawyer permission to carry out substituted service on the defendant (Mvurya) due to the unavailability of regular personal service.
The substituted service involves the publication of notices in newspapers or the affixing of a copy of the lawsuit in a prominent location, such as a part of a building where the defendant is known to have last resided, carries on their business, or works.
Wafula mentioned that he intends to purchase advertising space in nationally circulated newspapers to serve the legal documents.
