Eastern Produce Kenya Ltd & another v County Government of Nandi and Judiciary Service Commission
The bottom line
#A Kenyan court has temporarily stopped Nandi County from enforcing disputed land rates against Eastern Produce until the main case is decided.
What this practically means
#Executive summary
#Key legal issues
#Proof of service of the application
Service was proved by the affidavit of service sworn on 3rd August 2026 by a licensed process server; the respondents did not respond.
The court relied on the affidavit of service sworn by Mbua George Kizito, a licensed process server, demonstrating service on the respondents. Citing Waweru vs Maina on proof of service, and Order 10 Rule 2 of the Civil Procedure Rules 2010 requiring a formal affidavit of service against a non-appearing party, the court found service duly effected and the application unopposed.
Whether conservatory orders should issue pending the petition
The application was meritorious and conservatory orders were granted restraining the 1st respondent from enforcing land rates demands.
With service proved and no response filed, the court found the application 'steadfast and meritorious' and allowed prayer 3, restraining the 1st respondent from taking enforcement measures or demanding payment of land rates in respect of the July 2026 invoices, pending hearing and determination of the petition challenging the valuation roll.
Legal principles established
#- A party seeking to proceed against a non-appearing party must file a formal affidavit of service as primary proof of service under Order 10 Rule 2 of the Civil Procedure Rules 2010.
Court orders
#- 1.Conservatory orders restraining the 1st respondent from taking any enforcement measures and/or demanding payment of land rates in respect of invoices issued to the petitioners in July 2026, pending the hearing and determination of the petition
- 2.The petition set for pre-trial directions on 8th October 2026 and the 1st respondent to be served accordingly
- Jurisdiction invoked
- Original petition jurisdiction of the Environment and Land Court; interim relief sought pending determination of the petition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eastern Produce Kenya Ltd & another v County Government of Nandi and Judiciary Service Commission", Case Analysis (2026). Environment and Land Petition E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5940/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.