appearance and actively participated in the proceedings, including filing a replying affidavit and submissions, as well as participating in related proceedings such as the miscellaneous criminal case filed by the ODPC. 67.According to the 6th respondent, the court in Amina Hersi Moghe supra , is said to have held that a defendant who participates in proceedings without objecting to lack of service is deemed to have waived the right to challenge the suit’s validity on that ground. 68.It is the 6th Respondent’s submission that pursuant to Order 51 Rule 1 of the Civil Procedure Rules, any application under the Rules must be brought by way of motion and be heard in open court unless directed otherwise and that in this case, no such application or summons was pending before the Court for determination. 69.Further reliance is placed on the decision in Motaung v Samasource Kenya EPZ Limited t/a Sama & 2 others (Petition E071 of 2022) [2023] KEELRC 320 (KLR) (6 February 2023) where Dr. Gakeri J considered whether a case should be dismissed for want of proper service and noted that procedural justice must be balanced with substantive justice and held that unless a procedural defect renders justice unattainable, the ultimate aim is to achieve substantive justice and that in that case, the Court was persuaded that the petitioner should be allowed an opportunity to comply with Order 5 Rule 21 of the Civil Page 26 of 84