https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4865

Mwangi & 26 others v Administrators of the Estate of Letoire -Ole Ntirori - Deceased) & 9 others (Environment and Land Case 534 of 2017) [2026] KEELC 4865 (KLR) (28 July 2026) (Ruling) Neutral citation: [2026] KEELC 4865 (KLR) Republic of Kenya In the Environment and Land Court at Kajiado Environment and Land Case 534 of 2017 MD Mwangi, J July 28, 2026 Between Julius Onesmus Mwangi 1st Plaintiff Lenah Wanjiku Muiru 2nd Plaintiff Rose Njambi Munga 3rd Plaintiff Susan Nyaguthi Gaititu 4th Plaintiff Jacinya N. Nkonyo 5th Plaintiff Dorothy Kimathi 6th Plaintiff Gicheru Wanderi Isaac 7th Plaintiff Joseph Mukambi Khakame 8th Plaintiff Zakaria Manyura Ogera 9th Plaintiff Caroline Wangeci Mugo 10th Plaintiff Margaret Gesare Ogaro 11th Plaintiff Esther Nyaguthii Nderitu 12th Plaintiff Jeremiah Oruko 13th Plaintiff Reuben Michirie Mugo 14th Plaintiff Mungai Gachuhi 15th Plaintiff Nina Lugonzo 16th Plaintiff Johnstone Ambrose Angaka 17th Plaintiff Thomas Okello Owiny 18th Plaintiff Ahmed Yusuf 19th Plaintiff Kefa Okwema Bonaya 20th Plaintiff Dickson Wanjala Nasokho Barasa 21st Plaintiff Wilbrote Nasokho Barasa 22nd Plaintiff Samson Wambisi 23rd Plaintiff Susan Cheptekeny Maina 24th Plaintiff Josephat Kimutai Lagat 25th Plaintiff Moses Sironik Muraya 26th Plaintiff Chris M. Bichage 27th Plaintiff and The Administrators of the Estate of Letoire -Ole Ntirori - Deceased) 1st Defendant Naiposha Ntirori 2nd Defendant The Admimistator of the Estate of Nicholas - Sane Serenji (Deceased 3rd Defendant John Oshumu Letoire 4th Defendant James Tais Letoire 5th Defendant Shadrack Sepetuka Letoire 6th Defendant Richard Saitoti Letoire 7th Defendant Paul Ibuta Letoire 8th Defendant Wilson Meshuko Letoire 9th Defendant Daniel Parkeito Letoire 10th Defendant Ruling (In respect to the Notice of Motion dated 24th June 2026 brought pursuant to the provisions of section 3A of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules) Background 1.The applicants vide the Notice of Motion dated 24th June 2026 seek 2 main prayers as follows:a.That the District Surveyor, Kajiado County be authorized and directed to visit, survey, identify the boundaries and re-beacon the suit property.b.That the OCS, Oloosirkon Police Station, be directed to provide security and supervision during the said re-beaconing exercise and any subsequent enforcement of the demolition orders issued by the court on 12th June 2024. 2.The application is premised on the grounds that this court issued demolition orders on 12th June 2024 and further on 4th December 2025, directed the OCS, Oloosirkon Police Station to supervise the execution of the demolition orders. The applicants assert that the suit property will require to be re-beaconed before the demolition orders can be properly and lawfully enforced. The re-beaconing is necessary in order to identify the correct boundaries and avoid any dispute during the execution of the court orders. 3.The applicants further aver that the police have declined to provide security during the re-beaconing exercise on the ground that the order of this court of 4th December 2025 does not specifically refer to re-beaconing. The applicants urge the court to issue the orders sought in order to facilitate safe and peaceful undertaking of the re-beaconing exercise. Response by the Defendants. 4.In response to the application by the plaintiffs/applicants, through the replying affidavit of Richard Serenji Letoire sworn on 14th July 2026, the defendants/respondents term the application as misconceived and founded on inaccurate and misleading facts. The deponent avers that the further orders sought are likely to prejudice the respondents’ proprietary interests. 5.The deponent pleads that any survey or re-beaconing exercise be conducted in a transparent, impartial and accountable manner by the relevant officers from the Ministry of Lands. Further affidavit by the Applicants. 6.The applicants filed a further affidavit sworn by Rose Njambi Munga reiterating their position and calling out the respondents for seeking to mislead the court. The deponent insists that the orders sought relate only to the property known as Kajiado/Kitengela/2002 and none other. Submissions 7.The parties briefly argued the application before the court. The court has considered the oral submissions in writing this ruling. Issues for determination 8.The sole issue for determination is whether the plaintiff’s application herein is merited and whether the orders sought should issue. Analysis and determination. 9.It is not in dispute that the court already pronounced itself in this matter, way back on 12th June 2024 when it delivered its judgement in favour of the plaintiffs. The present application as put by the Applicants, is intended to facilitate the proper and lawful execution of the decree of the court. 10.This court in executing its decree is empowered under section 33 of the Civil Procedure Act, to determine all questions arising between the parties and relating to the execution, discharge or satisfaction of the decree. 11.Further, section 38 of the Civil Procedure Act empowers the court to enforce its decree in the various ways provided thereunder and as the nature of the reliefs granted may require. 12.As I stated earlier on, the decree of this court directed demolition of any structures erected in the suit property; either permanent or temporary. The plaintiffs having lawfully obtained a judgement in their favour are entitled to the ‘fruits of their judgement’. The court is bound to afford them the means to successfully but lawfully execute the decree in their favour. 13.The court is persuaded that the orders sought by the plaintiffs/applicants are intended to facilitate the proper and lawful execution of the decree of this court, strictly within the boundaries of the suit property. 14.The exercise of re-beaconing is to be carried out by the District Surveyor, Kajiado County who is a professional public officer statutorily authorized to survey or resurvey any land and to affix or set up therein any survey mark. The plea by the respondents that any survey or re-beaconing exercise be conducted in a transparent, impartial and accountable manner by the relevant officers from the Ministry of Lands is therefore taken care of. 15.Consequently the plaintiffs/applicants application dated 24th June 2026 is allowed as prayed. The court orders;a.That the District Surveyor, Kajiado County visits, surveys, identifies the boundaries and re-beacon the suit property.b.That the OCS, Oloosirkon Police Station, is directed to provide security and supervision during the said survey/re-beaconing exercise and any subsequent enforcement of the demolition orders issued by the court on 12th June 2024.c.There shall be no orders as to costs.Ordered accordingly. DATED, SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 28TH DAY OF JULY 2026.M.D. MWANGIJUDGEIn the virtual presence of:Ms. Msando h/b for Mr. Kanyonge for the Plaintiffs/ApplicantsMr. Onkendi for the RespondentsCourt Assistant: AlexM.D. MWANGIJUDGE