[2017] KEELC 2494 (KLR)
The court found that the applicants were not parties to the original suit and had not filed an appeal or an application for review of the judgment. The legal framework only allows for a stay of execution pending appeal or review, neither of which was present. The applicants' claim was not connected to the...
Source-derived case information.
- Citation
- [2017] KEELC 2494 (KLR)
- Parties
- Plaintiff: Alice Jepkoech Yano; Plaintiff: Joseph Kipchumba Yano; Plaintiff: Joyce Chepkoech Siror; Defendant: Samson Kiprop; Defendant: Wilson Kipng’etich; Defendant: Benjamin Langat; Defendant: Hillary Kipkemboi Rono; Defendant: Philip Kiprotich Serem; Defendant: George Lelei Kipkemboi; Defendant: Wilson Kiplagat; Applicant: Salim Seif Ambunya Andanje (on behalf of 23 others)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 608 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed
- Judges
- A Ombwayo
- Legal Topics
- Stay of Execution, Eviction Orders, Locus Standi, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Jepkoech Yano
Plaintiff
Joseph Kipchumba Yano
Plaintiff
Joyce Chepkoech Siror
Plaintiff
Samson Kiprop
Defendant
Wilson Kipng’etich
Defendant
Benjamin Langat
Defendant
Hillary Kipkemboi Rono
Defendant
Philip Kiprotich Serem
Defendant
George Lelei Kipkemboi
Defendant
Wilson Kiplagat
Defendant
Salim Seif Ambunya Andanje (on behalf of 23 others)
Applicant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicants are entitled to a stay of execution of the eviction orders issued by the court.
- 2 Whether the applicants, not being parties to the original suit, have locus standi to seek stay of execution.
- 3 Whether the application for stay is properly before the court in the absence of an appeal or review.
Ratio Decidendi
The court found that the applicants were not parties to the original suit and had not filed an appeal or an application for review of the judgment. The legal framework only allows for a stay of execution pending appeal or review, neither of which was present. The applicants' claim was not connected to the defendants' claim, and their proper recourse would have been to file a separate suit. Consequently, the application for stay of execution was dismissed for lack of legal basis and locus standi.
Court Disposition
application dismissed
Orders
- The application for stay of execution is dismissed with costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 608 OF 2012
ALICE JEPKOECH YANO……………………………..……….…………..……1ST PLAINTIFF
JOSEPH KIPCHUMBA YANO…………………………………………………..2ND PLAINTIFF
JOYCE CHEPKOECH SIROR………………………………..……………….…3RD PLAINTIFF
VERSUS
SAMSON KIPROP……………………………………………………………..1ST DEFENDANT
WILSON KIPNG’ETICH………………………………..………..……………..2ND DEFENDANT
BENJAMIN LANGAT…………………………………………………………...3RD DEFENDANT
HILLARY KIPKEMBOI RONO…………………………………...……..………4TH DEFENDANT
PHILIP KIPROTICH SEREM…………………………………….……….…….5TH DEFENDANT
GEORGE LELEI KIPKEMBOI………………………………….……………….6TH DEFENDANT
WILSON KIPLAGAT…………………………………...……...………………..7TH DEFENDANT
RULING
Salim Seif Ambunya Andanje has come to court on his behalf and on behalf of 23 others seeking a stay of execution of orders made on 5. 3.2015, 18. 11. 2015 and 26. 4.2016. The application is based on grounds that the applicants are the original occupants and have been in occupation for 30 years and that they were never enjoined in the suit and that the eviction orders are against non-parties. That they are squatters who were moved to the suit land awaiting resettlement. The plaintiff/respondent filed a Notice of Preliminary Objection that the application is bad in law and incurably defective and that it raises no reasonable cause of action. Further, that the applicants lack locus standi and the application is an abuse of court process.
I have considered the application, the preliminary objection, submissions by the applicant, submissions by the respondent and do find that judgment was entered on 5. 3.2015 against the defendants. The defendants appear to have rested on their laurels in challenging the judgment. The objectors/applicants herein have come for stay of execution pending the hearing of the application. I have heard the application but there is no prayer for review of judgment, and that there is no appeal lodged by the objectors/applicants. In my view, stay of execution can only be granted under Order 42, Rule 6 of the Civil Procedure Rules Cap 21 Laws of Kenya pending appeal or under Order 45 of the said rules pending application for review. There is neither appeal nor application for review pending and therefore the application has no basis. The applicant’s should have filed a separate suit as their claim is not connected with the defendants claim. The application is dismissed with costs.
DATED AND DELIVERED AT ELDORET THIS 28TH DAY OF JUNE, 2017.
A. OMBWAYO
JUDGE