Mbeya v Okata (Miscellaneous Application E006 of 2026) (14 May 2026) (Directions) [2026] KEELC 2908 (KLR)

Mbeya v Okata (Miscellaneous Application E006 of 2026) [2026] KEELC 2908 (KLR) (14 May 2026) (Directions) Neutral citation: [2026] KEELC 2908 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KISUMU MISCELLANEOUS APPLICATION E006 OF 2026 E ASATI, J MAY 14, 2026 BETWEEN NAHASHON AKANDA MBEYA ........................................................... APPLICANT AND ZAKARIA KUYA OKATA .................................................................. RESPONDENT DIRECTIONS 1. I have perused the Notice of Motion application dated 19th February 2026, the Supporting Afidavit and annexures thereto for purposes of writing the ruling. 2. It is clear from the annexures that the file sought to be reconstructed was a High Court file namely; Kisumu HCC No. 219 of 1999(B) Amos Mbeya Olang’o vs Zakaria Kuya Okata. The applicant states that it is in the High Court Registry where the file was searched for and found to be missing. 3. As there is no evidence that the file has ever been transferred to the Environment and Land Court, an order that the file be reconstructed in the ELC registry will be futile. 4. In the premises, and for the interest of justice particularly noting that the applicant is acting in person, the ruling on the application is deferred and directions hereby given that this file be placed before the Honourable Judge High Court Kisumu for appropriate directions and/or action. E. ASATI, JUDGE. 14/5/2026. In the presence of: Atika - Court Assistant. Applicant present in person. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2908/eng@2026-05-14 1

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