GAZETTE NOTICE NO. 13211

pursuant to the Orders of the Court made on the 4th August, 2026) TO: ALL PERSONS INTERESTED IN OR AFFECTED BY THESE PROCEEDINGS NOTICE is given that, by an Order made on the 4th August, 2026 by the Honourable Justice Francis Nyungu Kyambia in High Court Civil Suit No. E033 of 2026, Peter Mulati Nabiswa vs Optiven Limited, the Plaintiff was granted leave to conduct the suit as a representative action pursuant to Order 1 Rule 8 of the Civil Procedure Rules, 2010 and section 4 of the Consumer Protection Act (Cap. 501). The class on whose behalf this suit is brought (the “Class”) consists of all persons who, at any time within the six (6) years immediately preceding the institution of this suit, satisfy all of the following criteria: (a) they paid a deposit, reservation fee or any other sum to the Defendant toward the purchase of a land parcel in any of the Defendant’s real estate projects; (b) they received from the Defendant an unsigned draft Agreement for Sale, transmitted for review and comment in advance of execution; (c) they did not execute (sign and have attested) the said Agreement for Sale; and (d) they subsequently had a deduction imposed upon, or a refund withheld from, their deposit payments by the Defendant, purportedly on the basis of a clause or clauses contained in such unsigned draft Agreement. The Plaintiff seeks, on behalf of himself and the members of the Class, inter alia, declarations concerning the validity and enforceability of such unsigned draft Agreements for Sale and the lawfulness of deductions from, or withholding of, purchasers’ monies thereunder; restitution of sums found to have been unlawfully deducted or withheld; general, exemplary and punitive damages; injunctive relief; interest; costs; and such further relief as the Court may deem appropriate. Take further notice that, pursuant to the Order of the Court made the on 4th August, 2026, any person satisfying the description of the Class aforesaid, or any other person affected by these proceedings, is at liberty to file a Notice of Intention to Join the Suit within thirty (30) days from the date of this publication. Any such Notice of Intention to Join the Suit shall be filed in High Court Civil Suit No. E033 of 2026, Peter Mulati Nabiswa vs Optiven Limited at the High Court of Kenya at Kiambu. This notice is published pursuant to the Order of the High Court made on the 4th August, 2026. Persons seeking further information concerning the proceedings may contact the Advocates for the Plaintiff at info@odeklaw.com or at their offices at Glory House, 3rd Floor, Suite No. B5, Off Ndumberi–Githunguri Road. Dated the 10th August, 2026. ODEK LAW, MR/8284432 Advocates for the Plaintiff/Representative Plaintiff.