https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3655
The application was unchallenged, and the reliefs sought were aimed at enforcing an existing court decree and facilitating boundary re-establishment under the Land Registration Act; consequently, the court found the application cogent and meritorious and granted it in full as prayed in the specified paragraphs.
Source-derived case information.
- Citation
- [2026] KEELC 3655 (KLR)
- Parties
- Plaintiff: Mathew Kiprono Rotich; 1st Defendant / Applicant: Abigael Letting; 2nd Defendant: Appy J Metto
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E001 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion Application for Enforcement of Decree and Re Establishment of Boundaries
- Outcome
- Application allowed
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Execution of Decree, Boundary Re Establishment, Police Assistance in Enforcement, Service of Process, Unopposed Application, Contempt Like Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mathew Kiprono Rotich
Plaintiff
Abigael Letting
1st Defendant / Applicant
Appy J Metto
2nd Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion Application for Enforcement of Decree and Re Establishment of Boundaries
Legal Issues
- 1 Whether the application for enforcement of the decree and re-entry into the land should be granted.
- 2 Whether lack of response by the respondent entitled the applicant to the requested orders.
- 3 Whether the court could direct the County Surveyor and Land Registrar to re-establish boundaries under the Land Registration Act.
Ratio Decidendi
The application was unchallenged, and the reliefs sought were aimed at enforcing an existing court decree and facilitating boundary re-establishment under the Land Registration Act; consequently, the court found the application cogent and meritorious and granted it in full as prayed in the specified paragraphs.
Court Disposition
Application allowed
Orders
- Orders 2, 3, 4 and 5 in the Notice of Motion dated 23rd June 2025 were allowed.
- The OCS Poto Poto Police Station and the OCS Chemase Police Base were directed to put the applicant in possession and occupation of Parcel Nandi/Legemet/323.
Full Case Text
Judgment text and source record
1 paragraphs
Rotich v Letting & another (Environment and Land Case E001 of 2023) [2026] KEELC 3655 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEELC 3655 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Environment and Land Case E001 of 2023 GMA Ongondo, J June 10, 2026 Between Mathew Kiprono Rotich Plaintiff and Abigael Letting 1st Defendant Appy J Metto 2nd Defendant Ruling 1.The 1st defendant/applicant through Kipkosgei Choge and Company Advocates initiated an application by way of Notice of Motion dated 23rd June 2025 seeking the following orders;a.Spentb.That the Honourable Court be pleased to order and direct the OCS, Poto Poto Police Station and the OCS, Chemase Police Base, to put the Applicant in possession, occupation and possession of Parcel Nandi/Legemet/323.c.That there be a further order of this Honourable Court directing the OCS Poto Poto Police Station and the OCS, Chemase Police Base, to provide security order to the Applicant during her re-entry in to the suit land.d.That a further order be given to the County Surveyor, Nandi and County Land Registrar, Nandi, to proceed to the grounds of Parcel Nandi/Legemet/323 to re-establish its boundaries vide a consent Order issued on the 3rd day of April, 2024.e.That costs of this application be in the cause. 2.The foundation of the application is the applicant’s affidavit of thirteen paragraphs sworn on even date with the accompanying documents including court order of 3rd April 2024 and six grounds, inter alia;a.That the Order/Decree has been brought to the attention of the Respondent. There is no Appeal, an application to set aside, vary or stay the Order filed and/or is pending before any Court.b.That despite being a Decree Holder, she has been evicted by the Respondent from her own land and has in fact been charged in Criminal Case No. E017 of 2023 in an offence over Coffee Bushes on her Land which she has a Title Deed. The Complainant is the Respondent.c.That all efforts to have the County Surveyor and the Land Registrar implement the Order has not been successful as the Land Registrar and the Surveyor have been unhelpful.d.That it is imperative that at all times the dignity of the Court ought to be maintained by enforcing its Orders. 3.There is no response to the application duly served as revealed in the affidavit of service sworn on 14th April 2026. 4.It is trite law that in such a case, there is presumption of service by 1st defendant/applicant; see Shadrack Arap Baiywo vs Bodi Bach (1987) eKLR. 5.Mr. K. Choge learned counsel for the applicant implored the court to grant orders 2, 3, 4 and 5 sought in the application in the circumstances. 6.It is crystal clear that prayers 2 and 3 in the application target at unimpeded implementation of the decision and decree herein while prayer 4 is in consonant with section 18 (2) of the Land Registration Act 2016 (2012) and being guided by the decision in the case of Azzuri Ltd vs Pink Properties Lt (2018) eKLR, among other authoritative pronouncements. 7.To that end, I find the application unchallenged, cogent and meritorious. 8.Accordingly, the application dated 23rd March 2025 is hereby allowed in terms of orders 2, 3, 4 and 5 sought therein as stated in paragraph 1 (b) (c ) (d) and (e) hereinabove. 9.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 10TH DAY OF JUNE 2026.HON. G M A ONGONDOJUDGEIn the presence of;Mr. K. Choge learned counsel for the 3rd defendant/applicant.Mr. Walter Kipkorir, Court Assistant.