[2025] KEELC 4272 (KLR)
The court found that to preserve the substratum of the suit and meet the ends of justice, it was necessary to grant interim orders maintaining the status quo on the disputed land, restraining the defendants from interfering with the plaintiff's occupation or the crops thereon, and directing police oversight for the...
Source-derived case information.
- Citation
- [2025] KEELC 4272 (KLR)
- Parties
- Plaintiff: Rael Mitei; Defendant: Kirwa Kurgat Aziz; Defendant: Ali Kipngetich Kurgart; Defendant: Faraji Kiplimo Kurgat; Defendant: Ibrahim Kiprop Kurgat
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E011 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Applications for Security and Review of Orders
- Outcome
- Interim orders granted maintaining status quo and police oversight; directions issued for filing and service of submissions; further directions scheduled.
- Judges
- GMA Ongondo
- Legal Topics
- Status Quo Orders, Interlocutory Injunctions, Review of Court Orders, Land Occupation Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Mitei
Plaintiff
Kirwa Kurgat Aziz
Defendant
Ali Kipngetich Kurgart
Defendant
Faraji Kiplimo Kurgat
Defendant
Ibrahim Kiprop Kurgat
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Applications for Security and Review of Orders
Legal Issues
- 1 Whether the Officer Commanding Station should provide security for the implementation of court orders dated 30th January 2023.
- 2 Whether the orders/decree dated 30th January 2023 should be reviewed, varied, or set aside.
- 3 Whether status quo should be maintained pending determination of the applications.
Ratio Decidendi
The court found that to preserve the substratum of the suit and meet the ends of justice, it was necessary to grant interim orders maintaining the status quo on the disputed land, restraining the defendants from interfering with the plaintiff's occupation or the crops thereon, and directing police oversight for the implementation of these orders. The court also set timelines for the parties to file responses and submissions on the pending applications for review and security, emphasizing that the applications would be determined on their merits after written submissions. The orders were made to prevent any party from taking actions that could prejudice the outcome of the applications or...
Court Disposition
Interim orders granted maintaining status quo and police oversight; directions issued for filing and service of submissions; further directions scheduled.
Orders
- Plaintiff to file and serve response to the second application within seven days.
- Applicants to file and serve any rejoinder and submissions within seven days upon service of response.
Full Case Text
Judgment text and source record
29 paragraphs
Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEELC 4272 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case E011 of 2022
GMA Ongondo, J
June 4, 2025
Between
Rael Mitei
Plaintiff
and
Kirwa Kurgat Aziz
1st Defendant
Ali Kipngetich Kurgart
2nd Defendant
Faraji Kiplimo Kurgat
3rd Defendant
Ibrahim Kiprop Kurgat
4th Defendant
As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased
Ruling
1. By a Notice of Motion dated 17th January 2025 (The first application herein), the applicant/plaintiff through Rotich, Langat and Partners Advocates is seeking an order that the Officer Commanding Station Kapsabet to provide security during the implementation of orders of the court dated 30th January 2023 herein.
2. In the Notice of Motion dated 29th May 2025 (The second application herein), the applicants namely Kirwa Kurgat Aziz, Ali Kipngetich Kurgat, Faraj Kiplimo Kurgat and Ibrahim Kiprop Kurgat (as admininistrators of the Estate of Rashid Kipkurgat Too alias Rashid Kipkurgat Too-Deceased) through Kipkosigei Choge and Company Advocates, have sought inter alia, review, variation and setting aside of the orders/ decree given and dated the 30th day of January 2023.
3. It worth to note that Judgment was entered herein on 30th January 2023 and it is applicable in Kapsabet ELCC NO. 14 of 2022 as ordered by the court on the said date.
4. I have heard Mr Rotich learned counsel for the plaintiff and Mr Sang leaned counsel for the applicants on the two applications. It is common ground that the two applications be allowed in part by way of an order of status quo to sustain the substratum of the suit pending the outcome of the applications; see Ogada-vs-Mollin (2009) eKLR.
5. In the premises and to meet the ends of justice, it is hereby ordered and directed that;a.The plaintiff/respondent’s counsel duly served with the second application, to file and serve response to it within the next seven days from this date.b.The applicants’ counsel to file and serve any rejoinder and submissions on the applications within seven days upon service of the response as the applications be heard by written submissions.c.The respondent’s counsel to file and serve submissions on the applications within seven days upon service of the submissions by respondent.d.The applicants shall respect the portion of land occupied by the plaintiff in LR No.Nandi/Kapkangani/2407 being a sub division of LR NO. Nandi/Kapkangani/ 515 and in particular, they shall not uproot and or destroy maize planted thereon or transfer or alienate a portion thereof pending the hearing and determination of the two applications.e.The officer Commanding Chepsonoi/Kaimosi Police Station to oversee the implementation of the interim orders herein.
6. Further directions on both applications set for 24th July 2025.
7. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 4TH DAY OF JUNE 2025G M A ONGONDOJUDGEPresentMr k. Rotich learned counsel for plaintiff/respondentMr D. Sang instructed by Mr K Choge learned counsel for the applicantMr Walter, court assistant