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ELCOtherKapsabet ELCC No. 14 of 2022 (as referenced)· [2025] KEELC 4272 (KLR)
Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan land court froze the situation on disputed farmland—no uprooting crops, no selling land—until it decides two pending applications in July.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Kapsabet, delivered by G M A Ongondo J on 4th June 2025, deals with two interlocutory applications arising from a judgment entered on 30th January 2023. The first application, dated 17th January 2025 by the plaintiff through Rotich, Langat and Partners Advocates, sought an order that the Officer Commanding Kapsabet Police Station provide security during implementation of the court's orders of 30th January 2023. The second application, dated 29th May 2025 by Kirwa Kurgat Aziz, Ali Kipngetich Kurgat, Faraj Kiplimo Kurgat and Ibrahim Kiprop Kurgat, administrators of the estate of Rashid Kipkurgat Too (deceased), through Kipkosigei Choge and Company Advocates, sought review, variation and setting aside of those orders and decree. The judgment of 30th January 2023 also applies in Kapsabet ELCC No. 14 of 2022. Upon hearing counsel for both sides, the court noted it was common ground that the applications 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 issued directions for filing of responses, rejoinders and written submissions within seven-day timelines, and granted interim orders restraining the applicants from uprooting or destroying maize on, or transferring or alienating, the portion of LR No. Nandi/Kapkangani/2407 occupied by the plaintiff pending determination of the applications. The Officer Commanding Chepsonoi/Kaimosi Police Station was directed to oversee implementation of the interim orders. Further directions were set for 24th July 2025. No costs order was made; the applications themselves remain pending hearing.
Key legal issues
#01
Interim preservation pending hearing of review and security applications
Holding
Court granted status quo and directed police oversight of implementation pending determination
Reasoning
Counsel for both parties agreed the applications should be allowed in part by way of status quo. The court adopted this common position to preserve the substratum of the suit, citing Ogada-vs-Mollin (2009) eKLR, and ordered that the applicants not interfere with the plaintiff's occupation, crops, or alienation of the suit land pending full hearing of the two applications by written submissions.
p. 2
Legal principles established
#- An order of status quo may issue to sustain the substratum of the suit pending the outcome of interlocutory applications
Court orders
#- 1.Plaintiff/respondent's counsel to file and serve response to the second application within seven days
- 2.Applicants' counsel to file and serve rejoinder and submissions within seven days upon service of the response
- 3.Respondent's counsel to file and serve submissions within seven days upon service of the applicants' submissions
- 4.Applicants to respect the portion of land occupied by the plaintiff in LR No. Nandi/Kapkangani/2407 and not uproot or destroy maize planted thereon or transfer/alienate any portion pending hearing and determination of the applications
- 5.The Officer Commanding Chepsonoi/Kaimosi Police Station to oversee implementation of the interim orders
- 6.Further directions set for 24th July 2025
- Jurisdiction invoked
- Appellate/first-instance jurisdiction of the Environment and Land Court (no specific provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR)", Case Analysis (2025). Kapsabet ELCC No. 14 of 2022 (as referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4272/eng@2025-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.