Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR)

Mitei v Too (Environment and Land Case E011 of 2022) [2025] KEELC 6762 (KLR) (6 October 2025) (Ruling) Neutral citation: [2025] KEELC 6762 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E011 OF 2022 GMA ONGONDO, J OCTOBER 6, 2025 BETWEEN RAEL MITEI ............................................................................................... PLAINTIFF AND RASHID KIPKURGAT TOO ................................................................ DEFENDANT RULING 1. An application by way of a notice of motion dated 29th September 2029 pursuant to, inter alia, sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya generated by Chelimo and Company Advocates, is seeking the orders infra; a. That this Honourable court do cause the legal representative of the deceased Defendant Rashid Kipkurgat Too(Deceased) namely Kurgat Aziz Kirwa,Faraj Kiplimo Kurgat, Kipngetich Ali Kurgatand Ibrahim Kiprop Kurgatto be substituted and made a party in this suit in place of the Defendant and proceed with this suit on behalf of Rashid Kipkurgat Too(Deceased). b. That such other and or further directions be given by this Honourable court to meet the ends of justice. c. That the costs of this application be in the cause. 2. Ms Chelimo learned counsel for the defendant informed the court that the defendant passed on last year 2024. That there are requisite documents in place to substitute him as prayed in the application. 3. The plaintifi/respondent through Rotich, Langat and Partners Advocates has no opposition to the application. 4. Notably, a copy of grant in respect of the estate of the Deceased issued in Eldoret Principal Magistrate’s court KUSUCC No. E004 of 2024 marked as (KAK 2) and the certificate of death (KAK 1) both are annexed to the afidavit in support of the application. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6762/eng@2025-10-06 1

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