https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3528
The court found that security personnel were necessary to ensure the County Surveyor could implement the earlier survey orders without interference. Guided by Article 159(2)(b) of the Constitution and section 3 of the Environment and Land Court Act, the application was merited and was allowed.
Source-derived case information.
- Citation
- [2026] KEELC 3528 (KLR)
- Parties
- Applicant/ Plaintiff: Julius Kipchirchir Rotich; Respondent: Kimberly Jepkoech Kirui (Sued As The Legal Representative Of The Estate Of Jane Jepkemboi Kirui – Deceased)
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Case E006 of 2024
- Procedural Posture
- Land Case; Application for Enforcement/provision of Security During Implementation of Prior Survey Orders / Ruling on Application
- Outcome
- Application allowed
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Execution/enforcement of Court Orders, Survey and Boundary/occupation Ascertainment, Police Assistance in Implementation of Orders, Court Ordered Survey Exercise
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kipchirchir Rotich
Applicant/ Plaintiff
Kimberly Jepkoech Kirui (Sued As The Legal Representative Of The Estate Of Jane Jepkemboi Kirui – Deceased)
Respondent
Procedural Posture
Land Case; Application for Enforcement/provision of Security During Implementation of Prior Survey Orders / Ruling on Application
Legal Issues
- 1 Whether the court should direct the Officer Commanding Police Station, Mosoriot to provide security for the implementation of the survey orders.
- 2 Whether the applicant’s request for security to facilitate the survey exercise is merited.
Ratio Decidendi
The court found that security personnel were necessary to ensure the County Surveyor could implement the earlier survey orders without interference. Guided by Article 159(2)(b) of the Constitution and section 3 of the Environment and Land Court Act, the application was merited and was allowed.
Court Disposition
Application allowed
Orders
- The Officer Commanding Police Station, Mosoriot shall provide security and supervise implementation of the orders of 2 November 2025 relating to the survey exercise to be undertaken by the County Surveyor, Nandi County, in respect of LR Nos. Nandi/Itigo/833 and 834 (formerly Nandi/Itigo/383) to ascertain acreage and...
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Rotich v Kirui (Sued as the legal representative of the Estate of Jane Jepkemboi Kirui – Deceased) (Land Case E006 of 2024) [2026] KEELC 3528 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEELC 3528 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Land Case E006 of 2024 GMA Ongondo, J June 9, 2026 Between Julius Kipchirchir Rotich Applicant and Kimberly Jepkoech Kirui (Sued As The Legal Representative Of The Estate Of Jane Jepkemboi Kirui – Deceased) Respondent Ruling 1.Article 159 (2) (b) of the Constitution of Kenya 2010 provides;Justice shall not be delayed 2.Mr. Victor Kiprono learned counsel for the applicant, Julius Kipchirchir Rotich made reference to the ruling rendered on 5th November 2025 and orders issued therefrom. He informed the court that there has been reluctance to implement the orders. Therefore, he made an application for orders directing the Officer Commanding Police Station, Mosoriot to provide security and supervise the implementation of the orders relating to survey exercise. 3.It is worth to note that on 2nd November 2025, this Honourable Court directed, inter alia, there be an order directing the County Surveyor Nandi County to undertake the survey in the 1st and 2nd sub-divisions of the suit land namely LR Numbers Nandi/Itigo/833 and 834 (Formerly known as Nandi/Itigo/383) to ascertain the acreage and occupation thereof and to compile and file a report in court. 4.The provision of security personnel will allow the survey exercise to be carried out unimpeded; see also re Estate of Kipkosigei Moita {2025) KEHC 4009 (KLR). 5.This court is guided by Article 159 (2) (b) (supra) and Section 3 of the Environment and Land Court Act 2015 (2011) herein. 6.Accordingly, the applicant’s application for provision of security is merited and hereby allowed in the terms thus;a.The Officer Commanding Police Station, Mosoriot to provide security and supervise the implementation of the orders of 2nd November 2025 relating to survey exercise to be undertaken by the County Surveyor Nandi County in respect of the 1st and 2nd sub-divisions of the suit land namely LR Numbers Nandi/Itigo/833 and 834 (Formerly known as Nandi/Itigo/383) to ascertain the acreage and occupation thereof and to compile and file a report in this court.b.No orders as to costs.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 9TH DAY OF JUNE 2026.HON. G M A ONG’ONDOJUDGEIn the presence of;Mr. Victor Kiprono learned counsel for the applicant/plaintiffMr. Walter Kipkorir, Court Assistant