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ELCOtherKapsabet ELCC NO. 11 of 2022 (as referenced)· [2025] KEELC 4250 (KLR)
Mitei v Kosgei (Environment & Land Case 14 of 2022) [2025] KEELC 4250 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kapsabet court has temporarily frozen a land dispute, ordering parties to keep the peace and preserve crops while it decides whether earlier orders should be reviewed.
What this practically means
#Executive summary
#This is an interlocutory ruling of the Environment and Land Court at Kapsabet by G M A Ongondo, J, on two applications arising in a land dispute following a judgment entered on 30th January 2023. The first application, by the plaintiff/respondent through Rotich, Langat and Partners Advocates, sought an order that the Officer Commanding Station Kapsabet provide security during implementation of the court's orders of 30th January 2023. The second application, by four applicants as administrators of the Estate of Rashid Kipkurgat Too (Deceased) through Kipkosigei Choge and Company Advocates, sought review, variation and setting aside of the orders and decree of 30th January 2023. The judgment of 30th January 2023 was also applicable in Kapsabet ELCC No. 11 of 2022 as ordered on that date. Having heard Mr Rotich for the plaintiff and Mr Sang for the applicants, the court noted that it was common ground between the parties that the two applications be allowed in part by an order of status quo to sustain the substratum of the suit pending their outcome, citing Ogada-vs-Mollin (2009) eKLR. To meet the ends of justice, the court directed the filing and exchange of a response, rejoinder and written submissions within seven-day timelines, restrained the applicants from interfering with the plaintiff's occupation of LR No. Nandi/Kapkangani/2XX7 (a subdivision of LR No. Nandi/Kapkangani/5X5), including uprooting or destroying maize or alienating any portion, directed the Officer Commanding Chepsonoi/Kaimosi Police Station to oversee implementation of the interim orders, and fixed further directions for 24th July 2025.
Key legal issues
#01
Interim preservation of the suit property pending determination of the applications
Holding
The court granted a partial status quo order restraining the applicants from interfering with the plaintiff's occupation, crops or alienation of the land
Reasoning
Both counsel agreed that the applications should be allowed in part by way of a status quo order to sustain the substratum of the suit, citing Ogada-vs-Mollin (2009) eKLR. The court adopted this common position and, to meet the ends of justice, issued an interim order protecting the plaintiff's occupation of the subdivision and preserving the maize crop, with police oversight of implementation.
p. 1
Legal principles established
#- Where two applications are pending, the court may preserve the substratum of the suit by an order of status quo pending their outcome
Court orders
#- 1.Plaintiff/respondent's counsel to file and serve a response to the second application within seven days
- 2.Applicants' counsel to file and serve any rejoinder and submissions within seven days of service of the response, the applications to be heard by written submissions
- 3.Respondent's counsel to file and serve submissions within seven days upon service of the submissions by respondent
- 4.Applicants shall respect the portion of land occupied by the plaintiff in LR No. Nandi/Kapkangani/2XX7, a subdivision of LR No. Nandi/Kapkangani/5X5, and shall not uproot or destroy maize planted thereon or transfer or alienate any portion thereof pending hearing and determination of the two applications
- 5.The Officer Commanding Chepsonoi/Kaimosi Police Station to oversee the implementation of the interim orders
- 6.Further directions on both applications on 24th July 2025
- Jurisdiction invoked
- Original land jurisdiction of the Environment and Land Court; prior judgment of the court dated 30th January 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mitei v Kosgei (Environment & Land Case 14 of 2022) [2025] KEELC 4250 (KLR)", Case Analysis (2025). Kapsabet ELCC NO. 11 of 2022 (as referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4250/eng@2025-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.