A Kakamega woman claiming to be Mining Cabinet Secretary (CS) Salim Mvurya’s daughter in need of education has been allowed to publish her case papers against the minister in newspapers.
She is also free to stick them at his office or other conspicuous places, after the CS proved unreachable.
Kakamega Senior Principal Magistrate Joseph Ndururi issued the orders to lawyer Edwin Wafula who is representing the woman, Yvonne Anono Omazi, aged 29.
This is after Wafula lamented over frustration at trying to serve the minister the suit papers.
Wafula told the court on Tuesday afternoon that he repeatedly endeavored to serve the minister with the suit papers to no avail.
“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.
“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,” he added.
He also argued 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.
Wafula subsequently sought orders for a substitute service so that the case could proceed.
In response to the application, the magistrate, Ndururi, allowed lawyer Wafula to “serve the defendant (Mvurya) by substituted service since he is not reachable through the regular personal service.”
The substituted service entails publication of notices in newspapers or affixing a copy of the suit in a conspicuous place, including part of a building in which a defendant is known to have last resided or carries on his business or works.
Wafula said he would likely buy space in newspapers of national circulation to serve the papers.
In the papers, Ms Omazi wants the minister she believes is her father to cater for her education, even as she is beyond 18 years.
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In the suit filed on June 2 at the Kakamega court station and ordered to be served to the CS so that he defends himself, Ms Omazi feels that the CS is no longer interested in her well being as much as he is a “man of means”.
“The plaintiff (Ms Omazi) has acknowledged that she is an adult but further avers that she has demonstrated special circumstances that require assistance from the defendant (Mvurya),” she said through her lawyer.
She explains the special circumstances were that after completion of her secondary education, Mvurya, who she argues has never disputed that she is his daughter, made a verbal promise to educate her through college but has since gone mute.
She says she took the promise as he “had been sparingly supporting” her upkeep since birth but suddenly withdrew the support once she completed high school and picked an ID card.
She now holds that since her father promised to educate her and that he has been fortunate enough to land lucrative jobs, she is more than “specially privileged” to share from his fortunes even in adulthood.
“Mvurya is a man of means, having been a governor of Kwale county and is currently serving as CS Mining, Blue Economy and Maritime Affairs. Due to the apparent special circumstances, she is entitled to maintenance and sustenance from the CS,” she says in her suit.
Apart from swearing an affidavit to say she is an adult female of sane mind residing in Kakamega North, Ms Omazi has not specified what she does for a living or whether she is married.