RULING
By an application dated 20th 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 11th 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 20th 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 11th respondent unsuccessfully; that he (the…