Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) [2025] KEELC 4272 (KLR)

Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR) (4 June 2025) (Ruling)

Neutral citation: [2025] KEELC 4272 (KLR)

Republic of Kenya

In the Environment and Land Court at Kapsabet

Environment & Land Case E011 of 2022

GMA Ongondo, J

June 4, 2025

Between

Rael Mitei

Plaintiff

and

Kirwa Kurgat Aziz

1st Defendant

Ali Kipngetich Kurgart

2nd Defendant

Faraji Kiplimo Kurgat

3rd Defendant

Ibrahim Kiprop Kurgat

4th Defendant

As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased

Ruling

1. By a Notice of Motion dated 17th January 2025 (The first application herein), the applicant/plaintiff through Rotich, Langat and Partners Advocates is seeking an order that the Officer Commanding Station Kapsabet to provide security during the implementation of orders of the court dated 30th January 2023 herein.

2. In the Notice of Motion dated 29th May 2025 (The second application herein), the applicants namely Kirwa Kurgat Aziz, Ali Kipngetich Kurgat, Faraj Kiplimo Kurgat and Ibrahim Kiprop Kurgat (as admininistrators of the Estate of Rashid Kipkurgat Too alias Rashid Kipkurgat Too-Deceased) through Kipkosigei Choge and Company Advocates, have sought inter alia, review, variation and setting aside of the orders/ decree given and dated the 30th day of January 2023.

3. It worth to note that Judgment was entered herein on 30th January 2023 and it is applicable in Kapsabet ELCC NO. 14 of 2022 as ordered by the court on the said date.

4. I have heard Mr Rotich learned counsel for the plaintiff and Mr Sang leaned counsel for the applicants on the two applications. It is common ground that the two applications be allowed in part by way of an order of status quo to sustain the substratum of the suit pending the outcome of the applications; see Ogada-vs-Mollin (2009) eKLR.

5. In the premises and to meet the ends of justice, it is hereby ordered and directed that;a.The plaintiff/respondent’s counsel duly served with the second application, to file and serve response to it within the next seven days from this date.b.The applicants’ counsel to file and serve any rejoinder and submissions on the applications within seven days upon service of the response as the applications be heard by written submissions.c.The respondent’s counsel to file and serve submissions on the applications within seven days upon service of the submissions by respondent.d.The applicants shall respect the portion of land occupied by the plaintiff in LR No.Nandi/Kapkangani/2407 being a sub division of LR NO. Nandi/Kapkangani/ 515 and in particular, they shall not uproot and or destroy maize planted thereon or transfer or alienate a portion thereof pending the hearing and determination of the two applications.e.The officer Commanding Chepsonoi/Kaimosi Police Station to oversee the implementation of the interim orders herein.

6. Further directions on both applications set for 24th July 2025.

7. It is so ordered.

DATED AND DELIVERED AT KAPSABET THIS 4TH DAY OF JUNE 2025G M A ONGONDOJUDGEPresentMr k. Rotich learned counsel for plaintiff/respondentMr D. Sang instructed by Mr K Choge learned counsel for the applicantMr Walter, court assistant