https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3788

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA** **ELC EP MISC. APPLICATION NO. E002 OF 2025** **BENJAMIN BARASA WAFULA ……………....…….. 1ST APPLICANT** **ISAAC MUNYASIA MUKHWANA ………..………. 2ND APPLICANT** **NJYA MUKHWANA MASINDE …………….…….. 3RD APPLICANT** **VERSUS** **EMILY KHALISIA WAFULA …………………..….. 1ST RESPONDENT** **ISAAC MUNIALO SITATI & 30 OTHERS……… 2ND RESPONDENT** **RULING** The 1st Applicant filed the application dated 26/10/2025 under the title Misc. Application indicated to be brought under Order 40 Rules 1 to 3 of the Civil Procedure Rules. The application listed 40 prayers. The 1st Applicant sought to have the 32 Respondents appear before this court to substantiate why they were compromised to abduct and cripple the Applicants from police cell instead of the Respondents appearing in court to defend the Applicant’s cases being Bungoma ELC EPCC No. E002 of 2025 and Bungoma ELCLOS No. E017 of 2025. One of the other prayers was for the Respondents to appear before this court and substantiate why they failed to arraign the Applicants in court through the Webuye East Police Case No. 1196 of 2025. The Applicants raised other issues touching on the names of Sitati Manyanyaki and his registration as proprietor of the land known as Ndivisi/Ndivisi/338. He also questioned why Sitati Manyanyaki was not registered over Ndivisi/Ndivisi/346 as a joint proprietor with his father. The Applicants sought to have the Respondents appear before this court to substantiate why they sent what he termed as ***Bungoma James Bond Paramilitary Group*** on 9/10/2025 to abduct him from his house and why they support the grabbing of the 1st Applicant and his relatives’ land across Bungoma County. The Applicants set out a myriad other prayers sought against the Respondents and several grounds in support of the application, which are not coherent as they talk about the building of a house and the death of Shadrack Simiyu Sitati. Allegations of defrauding scholarship and bursary funds are also included in the prayers sought. There is also an allegation about the Respondents stealing the body of Shadrack Wafula Sitati from Lugulu Mission Hospital on 23/10/2025. The court notes that the heading of the Applicant’s application lists Bungoma James Bond Paramilitary group as the 7th Respondent and includes several leaders within the County while the 28th Respondent is indicated as Bungoma James Bond Paramilitary group, Hon. Justice C. Cherono impersonated while the 32nd Respondent is the Bungoma ELC Court Assistant Mr. Bett. The supporting affidavit was sworn by the three Applicants on 26/10/2025. When the matter came up in court on 13/5/2026, Mr. Hammerton Maloba who was representing the 2nd and 3rd Applicants informed the court that these Applicants wished to withdraw from the matter informed the court and that they had filed a notice of withdrawal of the suit dated 7/5/2026. The court allowed the two Applicants to withdraw from the suit. That left the 1st Applicant to pursue his claim alone. The court directed the Applicant to file his written submissions on the application within 14 days. No submissions were filed. Some of the orders sought such as the one relating to abduction and crippling the Applicants in the cells and why a magistrate court downed its tools in a criminal matter fall outside the civil jurisdiction of this court, which is limited to disputes over ownership of land and the environment. If the Applicant wishes to challenge the land adjudication and registration of Mukhwana Masinde as the owner of Ndivisi/Ndivis/338 then he ought to file a proper suit but not seek orders in an application as he did in the present application. It is difficult to tell from the application what specific orders the Applicant is seeking from this court. The prayers sought are convoluted and jumbled up as they mix claims related to criminal activities and what seems to be a burial dispute. The parties sued as Respondents include a judge, judicial officers and the court assistant. Advocates also made it to the list of Respondents as did political leaders and administration officers and the police. There is no suit on which the application can be anchored and it is not clear what the Applicant’s claim is for resolution by this court. The court declines to grant the orders sought in the application dated 26/10/2025. Delivered virtually at Bungoma this 3rd day of June 2026. **K. BOR** **JUDGE** **In the Presence of:-** Mr. Benjamin Barasa- the Applicant Court Assistants –Josephat Bett/Metrine No appearance for the Respondents