https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4538

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT OF KENYA** **AT KAPSABET** **ELCLC E037 OF 2025** **​SILAS KIPROP LETTING (Suing as the personal representative of the estate of the late KIPLETING ARAP ROTICH-Deceased) ……............PLAINTIFF** **​=VERSUS=** **​DANIEL KIPLAGAT SAMOEI (Suing as the personal representative of the estate of the late DINAH SAMOEI MOROSIO-Deceased)……………………………………………………..1ST DEFENDANT** **LAND REGISTRAR NANDI COUNTY………….……….2ND DEFENDANT** **ATTORNEY GENERAL……………………………………..3RD DEFENDANT** **JUDGMENT** 1. The property in dispute herein is land reference number **Nandi/Mutwot/32** measuring approximately Eleven Decimal one Six Hectares (11.16 Ha) in area. It is located within Nandi County. 2. The plaintiff through Jerobon Linet and Company Advocates originated this suit by a plaint (Fast Track) dated 28th November 2025 seeking the following orders; 3. Declaring the means of obtaining title to the suit land as fraudulent. 4. Declaring the Plaintiff/defendant’s title a nullity and cancelling the same and title be reverted to the First owner for proper succession proceedings. 5. Costs of this suit. 6. Any other relief this court may deem fit and just to grant. 7. It is noteworthy that the parties namely the plaintiff and the defendant, **Daniel Kiplagat Samoei** entered into a consent under **Order 25 Rule 5 of the Civil Procedure Rules 2010** thus; 8. That the parties herein have agreed to fully and finally settle this suit and all disputes arising therefrom on the terms hereinafter appearing. 9. ​That land parcel known as **Nandi/Mutwot/Parcel No. 32,** measuring approximately 11.16 hectares, was erroneously and/or irregularly transferred into the name of **Dinah Samoei Morasio (deceased).** 10. ​That the Land Registrar, Nandi County, be and is hereby directed to cancel and/or nullify the title issued in the name of **Dinah Samoei Morasio (deceased)** in respect of the said parcel of land. 11. ​That upon such cancellation, the Land Registrar, Nandi County, shall rectify the land register and register the said parcel of land in the name of **Kipleng Arap Rotich (deceased).** 12. ​That the following persons are hereby recognized as the beneficiaries entitled to a share of the said parcel of land: (i) Dinah Samoei Morasio (deceased) (ii) Silas Kiprop Leting (iii) Paulina Leting (iv) Jimmy Kimaru Leting (deceased) (v) Jacob Kiplagat (deceased) 1. ​That the parties herein shall execute all necessary documents and shall do all such acts as may be required to give effect to this Consent. 2. ​That in default of execution by any party, the Deputy Registrar of this Honourable Court be and is hereby authorized to execute all necessary documents on behalf of such defaulting party. 3. That in light of the foregoing settlement, this suit be and is hereby marked as withdrawn, having been fully compromised by this consent, with no orders as to costs 4. That this consent shall constitute a full, final and binding settlement of all disputes between the parties herein in respect of the subject matter of this suit. 5. Ms Linet Jerobon learned counsel for the plaintiff proposed that the consent be adopted as judgment of this court. 6. The Defendant, **Daniel Kiplagat Samoei** who appears in person affirmed the proposal. 7. In the foregone, the issues for determination include erroneous transfer of the suit land, cancellation of the irregular registration. and entitlement of the share of the suit land. 1. It is common baseline that the two parties voluntarily entered into the consent which they fully participated in and duly signed. That therefore, they have urged the court to adopt the consent as judgment herein. 2. In the case of **Geoffrey M. Asanyo & 3 others vs Attorney General {2020} KESC 62 (KLR)**, the Supreme Court of the Republic of Kenya observed; *‘.....Thus, a consent by parties becomes an order of the court only once it has been formally adopted by the court............’* 1. The parties entered into the consent in the spirit of **Article 159 (2) (b) and (c) of the Constitution of Kenya 2010 on justice shall not be delayed and alternative forms of dispute resolution respectively.** 2. In conclusion, it is the finding of this court that the parties have resolved the issues in the instant dispute in terms of the consent. 3. A fortiori, the consent dated 26th May 2026 set out in paragraph 4 hereinabove is hereby adopted as judgment of the court. 4. It is so ordered. **Dated** and **Delivered** at Kapsabet this **15th day of July, 2026**. **HON. G M A ONGONDO** **JUDGE** **In the presence of;** 1. Ms Jerobon Linet learned counsel for the plaintiff 2. The defendant, Daniel Kiplagat Samoei in person 3. Mr Walter Kipkorir, Court Assistant