GAZETTE NOTICE NO. 9483

under the Vexatious Proceedings Act; 2. THAT this Honourable Court be pleased to issue an Order restraining the Respondent from instituting future proceedings without leave of this Court; 3. THAT this Honourable Court be pleased to issue an Order restraining the Respondent from continuing, without leave of this Court the prosecution of any litigation, which he may have instituted prior to being declared a vexatious litigant; and 4. THAT the Applicants do pray for cost of this Application. UPON reading the Application presented to this Court on the 5th April, 2018 under sections 2 (1) and 3 of the Vexatious Litigation Act, section 7 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules and all enabling powers and provisions of the Law by the Counsel for the Applicants and supported by the affidavit of Emmanuel Kiarie sworn on 5th April, 2018 and annextures thereto and upon hearing the counsel for the applicants and the respondent in person and whereas this matter coming up for Ruling on 14th April, 2019 it is hereby ordered; 1. Preliminary objection 6th March, 2018 be and is hereby dismissed with costs. 2. That the respondent herein be and is hereby declared a vexatious litigant under the Vexatious Proceedings Act. 3. That the respondent be and is hereby restrained from continuing, without the leave of this Court, the prosecution of any litigation which he may have instituted prior to being declared a vexatious litigant. 4. That the respondent be and is hereby restrained from instituting, without the leave of this Court, any litigation emanating from the Arbitration Award of 30th September, 2013. 5. That Nairobi High Court Miscellaneous Civil Application No. 167 of 2018 be consolidated with and heard with Nairobi High Court Miscellaneous Application No. Ei 6 I of 2018. 6. THAT no other suit in any other Court shall be filed by the Respondent on the current issue in any Court within the High Court without leave of the Trial court in HCCC E161 of 2018. GIVEN under my hand and seal of this Honourable Court this 14th day of April, 2019. ISSUED at NAIROBI this 29th August, 2019. DEPUTY REGISTRAR, Milimani Commercial and Admiralty High Court of Kenya, Nairobi PENAL NOTICE TAKE notice that any disobedience • or non-observance of the Order of the Court given on 14th day of April, 2019, served herewith will result in penal consequences to you and any other persons so disobeying and not observing the same. and further that if this order is not obeyed, an application shall be made citing you and any other person(s) so disobeying for contempt of court seeking therein your detention and other punishment for you and such person(s) together with any remedy in law.