[2025] KEELC 4123 (KLR)

[2025] KEELC 4123 (KLR)

The court determined that the application dated 17th July 2024, seeking clarification on whether the costs awarded in the Judgment dated 13th March 2024 were jointly and severally awarded against the Respondents, should be considered by the judge who issued the original judgment. Accordingly, the file was forwarded...

Source-derived case information.

Citation
[2025] KEELC 4123 (KLR)
Parties
Applicant: Francis Lerionka Sakajah; Respondent: Kemei O. Kisorong; Respondent: The Land Adjudication & Settlement Officer-Kilgoris; Respondent: The Director, Land Adjudication & Settlement; Respondent: District Land Registrar-Kilgoris; Respondent: The Chief Land Registrar; Respondent: The Cabinet Secretary, Ministry of Lands & Physical Planning; Respondent: The Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Kilgoris
Jurisdiction
Kenya
Case Number
Petition E001 of 2023
Procedural Posture
Constitutional Petition / Ruling on Application for Clarification of Costs Order
Outcome
Application for clarification not determined; file transferred for hearing before original judge.
Judges
MN Mwanyale
Legal Topics
Costs Award, Clarification of Judgment, Land Adjudication, Enforcement of Orders
Source Language
en
Land and Property Civil Procedure Costs Award Clarification of Judgment Land Adjudication Enforcement of Orders

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Summary, issues, holding and outcome

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Parties

Francis Lerionka Sakajah

Applicant

Kemei O. Kisorong

Respondent

The Land Adjudication & Settlement Officer-Kilgoris

Respondent

The Director, Land Adjudication & Settlement

Respondent

District Land Registrar-Kilgoris

Respondent

The Chief Land Registrar

Respondent

The Cabinet Secretary, Ministry of Lands & Physical Planning

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Application for Clarification of Costs Order

Legal Issues

  1. 1 Whether the costs awarded in the Judgment dated 13th March 2024 were jointly and severally awarded against the Respondents.
  2. 2 Whether the court should clarify the nature of the costs order.

Ratio Decidendi

The court determined that the application dated 17th July 2024, seeking clarification on whether the costs awarded in the Judgment dated 13th March 2024 were jointly and severally awarded against the Respondents, should be considered by the judge who issued the original judgment. Accordingly, the file was forwarded to Eldoret before Justice E.M. Washe for determination of the application. The court did not make a substantive determination on the merits of the clarification sought, but instead exercised its discretion to transfer the matter for proper adjudication by the appropriate judicial officer.

Court Disposition

Application for clarification not determined; file transferred for hearing before original judge.

Orders

  • The file is forwarded to Eldoret before Justice E.M. Washe for consideration of the application dated 17th July 2024.
  • Mention before Justice E.M. Washe on 18th June 2025.