REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET E & L CASE NO. 233 OF 2012 JOSEPH KIBUNGEI KUGUN......................................................................PLAINTIFF VERSUS GILBERT KIPKOECH SUM..............................................................1 ST DEFENDANT THOMAS CHERUIYOT MAIYO (Suing as a Legal Representative of the Estate of KIMAIYO ARAP KEINO)..................................................................2 ND DEFENDANT AND JOHN CHERUIYOT SUM......................................................1 ST INTERESTED PARTY KENNETH SANG...................................................................2 ND INTERESTED PARTY SARAH JOB SAINA...............................................................3 RD INTERESTED PARTY JULIUS LIMO.........................................................................4 TH INTERESTED PARTY AND PAULINA JEPTEPKENY CHEPNGOK........1ST PROPOSED INTERESTED PARTY SAMUEL KIPSAINA TOO.............................2ND PROPOSED INTERESTED PARTY JOSHUA KIPKEMBOI TUWEI.....................3RD PROPOSED INTERESTED PARTY (All suing as the Legal Representatives of the Estate of CHEPNGOK) RULING Paulina Jeptepkeny Chepngok, Samwel Kipsaina Too and Joshua Kipkemboi Tuwei of P. O. Box 2729 – 30100, Eldoret were vested with letters of administration ad litem of the estate of Kiptoo Chepngok who died domiciled in the Republic of Kenya on 26.7.1978. The said persons have come to court vide a notice of motion dated 7.3.2019 praying that they be enjoined in the suit, tender evidence and participate in the proceedings. The intended interested parties’ interest is that the late Kiptoo Chepngok rights in the suit property is 89.4 acres on which parcel the intended interested parties reside have been tilling and have built structures. Mr. Sego for the plaintiff has filed grounds of opposition which largely deal on technicalities save grounds number 4 and five which deal on facts. I have considered the grounds and do find that it is in the interest of justice that the applicants be afforded an opportunity to be heard limited to their father’s interest on the suit property to enable their father’s interest to be considered in the judgment. The application is allowed, the applicants are enjoined as 7th, 8th and 9th interested parties. The 7 th, 8th and 9th interested parties to file a detailed affidavit within I day, showing their interest. The other parties to respond to the said affidavits within 2 days.
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Dated and delivered at Eldoret this 30th day of April, 2019. A. OMBWAYO JUDGE
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