Lonyala & 26 others v Lodio & 23 others (Environment and Land Petition 2 of 2014) [2026] KEELC 4741 (KLR) (24 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT KITALE** **ELC PETITION NO. 2 OF 2014** **CHRISTOPHER KURUTYON** **LONYALA & 26 OTHERS-------------------------------------PETITIONERS** **AND** **EKTELA EKAI LODIO & 11 OTHERS------------INTERESTED PARTIES** **VERSUS** **CABINET SECRETARY MINISTRY OF LANDS** **AND SETTLEMENT & 11 OTHERS-----------------------RESPONDENTS** **RULING** 1. The application before me for ruling/directions is filed by the respondents dated **8/7/2026**. It is seeking for orders in the main, that the court be pleased to grant break-in orders to the auctioneers/applicants to gain access to the proclaimed property and seize the same from the petitioners’ yard. 2. Connected to the above prayer is the applicants’ second prayer that the court be pleased to order the Officer Commanding Station (OCS), Kapenguria Police Station and any other nearer Police Station to provide security to the applicants for purposes of executing warrants of attachment issued in **Kitale ELC Petition No. 2 of 2014**. 3. The application is based on the grounds on the face of it, that the applicants' attempt to attach the proclaimed items turned futile due to the fact that the petitioner’s agents turned hostile to the applicants, denying them access to the proclaimed property. 4. When this court perused the said application for directions on **10/7/2026**, it gave directions in the following words: ***“1. THAT the application be served upon all the parties involved for mention for directions on 21/7/2026.”*** 1. The court’s short notes on the Case Tracking System (CTS) issued on the same date show that the matter was not certified as urgent. That an interpartes mention date was given to ensure proper execution of court orders. 2. When this matter came up for the said mention on **21/7/2026**, there were no appearances for the respondents. Mr. Karani for the applicant told the court that theirs was an exparte application and that all they needed was an order for security to enable the auctioneers to undertake the execution of court orders. The learned counsel did not address the court on whether all the parties involved were served as the court directed in its orders of **10/7/2026**. Counsel maintained that theirs was a routine ex parte application for security for auctioneers to break in and to execute as per the proclamation. 3. The orders sought by the applicants have far-reaching consequences on the parties against whom execution is sought. The applicants are seeking to execute for recovery of the decretal sum of **Kshs. 56,529,591/=.** The schedule of the moveable property sought to be attached reveals, at a glance, that the amount likely to be realised will hardly total **Kshs.3,000,000/=.** There is, therefore, a need for the court to supervise the entire process of execution so that the applicants can enjoy the fruits of their judgment but through a fair process. 4. The *audi alteram partem* rule, which simply requires the court to listen to the other side, is a fundamental principle of our judicial system which is one of the non-derogable rights under **Article 25** of the Constitution. 5. All the court required of the applicants was to serve and notify the affected parties before a break-in order could issue. The affected parties would then make their representations, if they so wish, and for all its worth, in the interests of justice. To the extent, therefore, that this application was not served as directed by the court, the same does not fall mature for consideration. I therefore decline to grant any orders sought. I direct instead that the application be served upon all the parties in this matter, for directions on a date to be determined after this ruling. 6. Orders accordingly. **Ruling dated, signed,** and **delivered** via **Microsoft Teams/Open Court** at **Kitale** on this **24th** day of **July 2026.** **In the presence of:** Court Assistant - Matui/Nancy Mr. Karani for the applicant N/A for the respondent.  **HON. G.M. GITONGA** **JUDGE, ELC KITALE.**