PETER KAMAU IKIGU
V.
BARCLAYS BANK OF KENYA LIMITED & ANOTHER

RULING OF THE COURT

The Notice of Motion before us is said to be brought under Order 26 of the Civil Procedure Rules, Section 3(2) of the Appellate Jurisdiction Act and all other enabling provisions of law. The orders sought are that:

“1. The 2^nd respondent be directed to deposit an amount of Kshs.25,000,000 as security for costs.

2. Any other order that this Honourable Court may deem fit and just to grant.”

It is stated on the face of the Motion that the 2^nd respondent is a permanent resident of the United Kingdom; that he does not own any attachable property in Kenya; that his identity, character and integrity is questionable; that it may not be possible to trace the 2^nd respondent at the conclusion of “trial” and finally that it is only fair and just that the said respondent be ordered to provide security.

The applicant, Peter Kamau Ikigu, swore an affidavit in support of the Motion on 5^th February, 2015. The matters raised on the face of the Motion are recapitulated in the affidavit wh…