https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4873

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA** **ELCC NO. 47 OF 2018** **KANG’ARA MUTUGI KAMAU & 4 OTHERS ………….…….. APPLICANTS** **VERSUS** **KAMAU MUTUGI & ANOTHER ………………………. RESPONDENTS** **RULING** ***[Notice of Motion Dated 29th April 2026****]* 1. The applicants have moved the court through the application dated the 29th April 2026 seeking for inter alia: 1. *That the restriction and prohibitory orders registered against* ***Kiine/Nyangio/504*** *on 18th September 2017 and 2nd November 2018 respectively, be vacated, lifted and or discharged in view of the decree issued on 2nd July 2019.* 2. *That the Land Registrar, Kirinyaga County, be directed to remove the said restriction and prohibition order in respect of* ***Kiine/Nyangio/504****.* 3. *That prohibitory order registered against* ***Kirinyaga/Marurumo/57*** *vide* ***ELC Order No. 47/2018 KRG*** *dated 2nd November 2018 be vacated, lifted and or discharged in view of the final decree issued on 2nd July 2019.* 4. *That the Land Registrar, Kirinyaga County, be directed to remove the prohibitory order dated 2nd November 2018 from the register of* ***Kirinyaga/Marurumo/57.*** 5. *That costs be in the cause.* The application is premised on the eight (8) grounds marked (a) to (h) respectively, and supported by the affidavit of King’ara Mutugi Kamau, the 1st applicant, sworn on the 29th April 2026. 1. That vide the affidavit of service of George M. Gori, advocate, sworn on 27th May 2026, the application dated 29th April 2026 and the order of 6th May 2026 were served upon M. C. Kamwenji & Company advocates through their official email on the 27th May 2026. 1. The application came up for hearing on the 27th July 2026 when counsel for the applicants sought for the same to be granted as prayed as no replies in opposition had been filed. The court reserved its ruling for today. 2. The court has carefully considered the grounds on the application, affidavit evidence, the record and come to the following determinations: 1. That the record confirms that the applicants’ application dated 12th October 2018 seeking, among others, an order of prohibition in respect of Kiine/Nyangio/504 and Kirinyaga/Marurumo/57 the suit properties, was granted vide consent letter filed on 31st October 2018, that was adopted as an order of the court on that same date, and an order to that effect was issued dated 2nd November 2018. 2. The record also confirms that the parties filed a consent dated 1st July 2019 settling this dispute. The consent was adopted as an order of the court on 2nd July 2019, and a decree thereof issued on the 16th August 2019. 3. That from the amended plaint dated the 31st October 2018, the dispute between the parties was over **Land Parcels Kiine/Nyangio/504** and **Kirinyaga/Marurumo/57**. That it is apparent that the parties have settled their dispute over the said parcels of land through the consent of 1st July 2019 that was adopted on the 2nd July 2019 and decree issued on 16th August 2019. I am therefore, in agreement with the applicants, that there is need to have the prohibition order issued 2nd November 2018 vacated, to enable the parties implement or execute their decree. 4. The court has perused the record and noted there was no restriction or prohibition order issued by the court that could be taken as the basis for the restriction registered against **Kiine/Nyangio/504** on 18th September 2017, about a year before this suit was filed. Indeed, a perusal of the certificate of search attached to the applicants’ supporting affidavit show clearly that the restriction was registered through a letter from the DCC Kirinyaga West. It is upon the party or parties who had moved the said DCC to issue the said letter through which the restriction was registered, to initiate the process of its removal as may be advised by the Land Registrar. 5. In view of the nature of this application that is aimed at facilitating the execution of the decree that was arrived at through a consent, each party will bear their own costs. 3. Flowing from the foregoing determinations, the court finds and orders as follows: 1. **That the prohibition order issued on 2nd November 2018 in respect of Land Parcels Kirinyaga/Madurumo/57 and Kiine/Nyangio/504 is hereby vacated.** 2. **That the Land Registrar, Kirinyaga County is directed to lift the prohibition registered against the registers of the above two parcels of land upon receiving a certified copy of this order, to enable the parties implement or execute the decree issued hereof on 16th August 2019.** 3. **Each party to bear their own costs in this application.** It is so ordered. **DATED, SIGNED AND VIRTUALLY DELIVERED ON THIS 29TH DAY OF JULY 2026.** **S. M. Kibunja** **ELC JUDGE** **In the presence of:** Applicants – Mr Gori. Respondents – No Appearance. Kinyua/Charles - Court Assistant **S. M. Kibunja** **ELC JUDGE**