https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5305

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NANDI COUNTY** **KAPSABET ELCLC NO. E022 OF 2025** **FLORENCE JEPKOSGEI AND 3 OTHERS……………………………………….APPLICANTS/PLAINTIFFS** **VERSUS** **JOHNSON KIPROTICH MAIYO……..RESPONDENT/DEFENDANT** **RULING** 1. This ruling pertains to an application by way of a Notice of Motion dated 4th August 2026 generated under, inter alia, sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya and Articles 40 and 159 of the Constitution of Kenya 2020 by the four applicants/plaintiffs through Cheruiyot Melly and Associates Advocates seeking the orders infra; 2. Moot 3. THAT, the Deputy Registrar of this Court be authorized to execute all the appropriate and necessary documents to effect sub division and subsequent transfer of 1.214 Hectares out of land parcel No. **NANDI/KIPSIGAK/2109** (The suit land herein) to the plaintiffs herein. 4. THAT, costs of the application be provided for. 5. Any other reliefs that the Court may deem fit to grant. 6. The application is anchored upon the affidavit in support thereto and the grounds on the face thereof. In a nutshell, the applicants asserted that this Honourable Court ordered that the suit land be vested on the applicants and that a certificate of title be issued in the names of the applicants by dint of the consent dated 7th October 2025 in the judgment dated 7th October 2025. That the applicants have implored the respondents to execute the relevant transfer and conveyance documents in their favour in vain hence, precipitating the instant application. 7. The two respondents/defendants duly served with the application as disclosed in the affidavit of service sworn on 13th August 2026, failed to respond to the application within the set timeframe or at all; see also **Mutinga vs Joreth Limited & 3 others {2026} KECA 145 (KLR).** 8. During hearing of the application, Mr Moshong Felix Masai instructed by Mr Melly learned counsel for the applicants, referred to the application, the affidavit of service and urged the court to allow the application which is not opposed. 9. In the foregone, is the instant application meritorious? 10. The 1st and 2nd respondents/defendants who appear in person confirmed service of the application. Further, they have not responded to the same as they were summoned by the application and there is need for judicial proceedings to be concluded in a timely fashion as held in **Mutinga case (supra).** 11. It is notable that the application is for the implementation of the Judgment delivered on 7th October 2025 herein. Therefore, the applicants deserve the orders sought in the application to enable them realize the fruits of the judgment in the spirit of **sections 1A, 1B, 3 and 3 A (supra) f**or the ends of justice. 12. Further, I am guided by the decision in **Hiram Bere Kinuthia vs Edick Omond Anyanga & others {2025} KESC 60 (KLR) on Article 40 (supra)** where the Supreme Court of Kenya acknowledged; *‘……..the foundational importance of property rights as both constitutional and human rights entitlements…..’* 1. More fundamentally, **Article 159 (2) (supra)** provides thus; *Justice shall not be delayed.* 1. In the circumstances, the application dated 4th August 2026 is cogent, steadfast and merited. 2. In the result, the said application be and is hereby allowed in terms of prayers 2 and 3 therein taking into account the case of **Rai & 3 others vs Rai & 4 others {2014} KESC 31 (KLR)** on award of costs, as set out in paragraph 1 (b) and (c) hereinabove respectively. 3. It is so ordered. **Dated** and **Delivered Virtually** this **17th day of August, 2026.** **HON. G M A ONGONDO** **JUDGE** In the presence of; 1. Mr Moshong Felix instructed by Mr Melly learned counsel for the applicants/plaintiffs 2. The 1st and 2nd respondents/defendants in person 3. Emmaculate, Court Assistant