Sawe & 133 others & another v Rono & 3 others (Miscellaneous Application 31 of 2019) [2026] KEHC 12894 (KLR) (31 July 2026) (Ruling)
The court was satisfied the applicant had made out a case for release of the Kshs. 150,000 security deposit and the original logbook, but found no basis to compel Anyone Auctioneers to refund Kshs. 180,000. Costs were ordered to lie where they fell.
Source-derived case information.
- Citation
- [2026] KEHC 12894 (KLR)
- Parties
- Plaintiff/respondents: RICHARD KIPTUM SAWE & 133 OTHERS; 29th Plaintiff/applicant: MATHEW KIPKOECH CHEPKIYENG; 1st Respondent: BENJAMIN RONO; 2nd Respondent: FRANCIS SITIENEI; 3rd Respondent: WILSON KOSACHEI; 4th Respondent: SIRIKWA SQUATTERS SELF HELP GROUP
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 31 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application Dated 29.11.25
- Outcome
- Partly allowed
- Judges
- ["JM Chigiti"]
- Legal Topics
- Refund of Security Deposited in Court, Release of Logbook Held as Security, Application for Refund of Auctioneer’s Fees and Storage Charges, Consent Orders, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RICHARD KIPTUM SAWE & 133 OTHERS
Plaintiff/respondents
MATHEW KIPKOECH CHEPKIYENG
29th Plaintiff/applicant
BENJAMIN RONO
1st Respondent
FRANCIS SITIENEI
2nd Respondent
WILSON KOSACHEI
3rd Respondent
SIRIKWA SQUATTERS SELF HELP GROUP
4th Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application Dated 29.11.25
Legal Issues
- 1 Whether the applicant was entitled to refund of the Kshs. 150,000 deposited in court as security
- 2 Whether the applicant was entitled to release of the original logbook for motor vehicle KCP 354Q
- 3 Whether the applicant was entitled to compel Anyone Auctioneers to refund Kshs. 180,000
Ratio Decidendi
The court was satisfied the applicant had made out a case for release of the Kshs. 150,000 security deposit and the original logbook, but found no basis to compel Anyone Auctioneers to refund Kshs. 180,000. Costs were ordered to lie where they fell.
Court Disposition
Partly allowed
Orders
- Kshs. 150,000 deposited in court as security to be refunded to the applicant
- Original logbook for motor vehicle registration number KCP 354Q to be released to the applicant
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT ELDORET** **HCMISC. APP NO. 31 OF 2019** **RICHARD KIPTUM SAWE & 133 OTHERS……..……. PLAINTIFF/RESPONDENTS** **MATHEW KIPKOECH CHEPKIYENG ………….……. 29TH PLAINTIFF/ APPLICANT** **=VERSUS=** **BENJAMIN RONO……………………………………………………….1ST RESPONDENT** **FRANCIS SITIENEI………………………………………………...…..2ND RESPONDENT** **WILSON KOSACHEI……………………………………………...…….3RD RESPONDENT** **SIRIKWA SQUATTERS SELF HELP GROUP………………………..4TH RESPONDENT** **RULING** 1. The Application that is before this court for determination is the one dated 29.11.25 wherein the applicant seeks for **ORDERS THAT: -** 2. This application be certified as urgent. 3. The total amount of Kshs. 150,000/= deposited in court as security in court be refunded to the Applicant. 4. The original logbook for motor vehicle registration number KCP 354Q deposited in court as further security be released to the Applicant. 5. The Auctioneers namely ANYONE AUCTIONEERS be compelled to refund a total of Kshs. 180,000/= to the Applicant. 6. Costs of this application be provided for. 7. The applicant is supported by the Affidavit of MATTHEW KIPKOECH CHEPKIYENG who argues thatvide a Certificate of Taxation issued by the Deputy Registrar, he and 134 others were condemned to pay a decretal sum of Kshs. 12,064,355/= to the Respondents following the determination of the main suit. 8. It is his case that after a protracted dispute and numerous applications, on 25th September 2024, the parties entered into a consent and wherein he was directed to deposit a total amount of Kshs. 150,000/= and the original logbook for motor vehicle registration number KCP 354Q as further security. 9. He was further directed to pay auctioneer’s fees of Kshs. 150,000/=as well as storage charges which he paid. 10. Subsequently aruling was delivered in his favour as a result of which he prays that the original log book be released back to him and the money deposited be refunded to him as well. 11. He further argues that subject to the court’s ruling delivered on 19th September 2025, the court ordered that he was at liberty to demand a refund from the Auctioneers for the auctioneer’s fees as well as the storage fees and he therefore prays that Anyone Auctioneers be compelled to refund the said amount. 12. After looking at the application, this court is satisfied that the Applicant has made out a case in line with orders as granted below. **Order**; 1. The total amount of Kshs. 150,000/=deposited in court as security in court be refunded to the Applicant. 2. The original logbook for motor vehicle registration number KCP 354Qdeposited in court as further security be released to the Applicant. 3. The prayer that the Auctioneers namely ANYONE AUCTIONEERS be compelled to refund a total of Kshs. 180,000/=to the Applicant is disallowed. 4. Each party bears their costs. **Delivered, Dated and Signed on this 31st Day of July, 2026 at Eldoret High Court** **………………………………** **J. M. CHIGITI (SC)** **JUDGE**