[2017] KEELC 3300 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET

E & L CASE NO. 445 OF 2015

MAGARINA SANIAKO MISOI (Suing as the legal representative of the

Estate of CHEPYEGO KIPKORKOR

SIGOR (DECEASED)…………………………..............…1ST PLAINTIFF

ROSEMARY JEPKOSGEI CHERONO (Suing

as the legal representative of The Estate

of CHEPYEGO KIPKORKORSIGOR (DECEASED…...2ND PLAINTIFF

VERSUS

ROBERT LIMO KIPCHUMBA…….…….…………….1ST DEFENDANT

STEPHEN KANDIE KIPCHUMBA……....……………2ND DEFENDANT

JONATHAN KIPRONO KIPCHUM…………………..3RD DEFENDANT

PETER KIPKOECH KIPCHUMBA……………………4TH DEFENDANT

WILSON KIMELI KIPCHUMBA………………………5TH DEFENDANT

ELIZABETH SOTE KIPCHUMBA…………………….6TH DEFENDANT

TIMOTHY KIPCHUMBA KOSGEI………………….…7TH DEFENDANT

THE LAND REGISTRAR, ELGEYO

MARAKWET COUNTY…………………….............….8TH DEFENDANT

HON. ATTORNEY GENERAL OF THE

REPUBLIC OF KENYA………………….......................9TH DEFENDANT

RULING

The application herein is dated 30th December, 2016 wherein the plaintiffs seek an order that the honourable court be pleased to grant them leave to adduce additional documents and call an expert witness and the list of documents dated 3. 11. 2016 be deemed as duly filed and in the alternative, the application for consent of the Land Control Board over L.R. IRONG/SERGOIT/1155 indicated to have been approved on 4. 6.2008 filed in court on 24. 8.2016 be expunged for not forming part and parcel of the 1st to 7th defendants’ list of documents dated 23. 8.2016 and filed in court on 24. 8.2016.

The application is based on grounds that the plaintiff contends that defendants Nos. 1 to 7 fraudulently, illegally and or unlawfully acquired the estate of Mr. Sigor, a deceased person and that they did that in collusion with the 8th defendant and therefore, in order to prove their case and thereby assist this honourable court to arrive at a fair and just decision of the matter the import of an expert witness is crucial. The gist of the affidavit of Rosemary Jepkosgei is that the contended document availed to court and regarding the thumb-print or signature without a forensic expert report would not assist the court when making a decision. The plaintiff has gone further and procured a report of an expert, which report is pre-judicial to the evidence of the defendants. The application is opposed due to the fact that the report was obtained and filed in court without the leave of the court. The respondent is not opposed to an investigation.

I have considered the application and the reply and do find that it is only prudent and just to grant an order that the Director of Criminal Investigations to investigate the application for consent of the Land Control Board undated and purportedly signed by Robert Limo Kipchumba and Chepyego Kipkorkor Sigor seeking consent for transfer of land by way of gift in respect of IRONG/SERGOIT/1155. The said exercise to be undertaken within 30 days from the date the order is received by the director of criminal investigation and the report as to the authenticity of the thumb-print on the application for consent be presented to the court within the said period of time. The parties herein to avail all the relevant documents to the court within the next 5 days for onward transformation to the Director of Criminal Investigation by the deputy registrar High Court.

DATED AND DELIVERED AT ELDORET THIS 16TH DAY OF MARCH, 2017.

A. OMBWAYO

JUDGE