REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ELC MISC E006 OF 2026 MARY NKIROTE KIMBUI………..…..1ST PLAINTIFF/APPLICANT BRIAN KIMATHI KIMBUI……………2ND PLAINTIFF/APPLICANT WENDY NYEERA KIMBUI………..….3RD PLAINTIFF/APPLICANT VERSUS KENNEDY MWENDA NTONGAI….DEFENDANT/RESPONDENT JUDGMENT 1. This suit was filed by way of a Chamber summons application dated 20.4.2026 where the applicants seek the following orders; “ 1. Spent. 2. THAT pending the inter-parties hearing of this Application, a temporary order to issue for ELC MISC APP E006 OF 2026 [JUDGMENT] Page 1 of 4
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eviction and/or vacant possession of NGOBIT SUPUKO BLOCK 5/3492 (ORIGINAL NUMBER NGOBIT/SUPUKO 5/80) (the “Suit Property”) 3. THAT Officer Commanding Station, Ngobi Police station to provide assistance to ensure compliance of Orders 2 above. 4. THAT the costs of this Application be borne by the defendant/respondent.” 2. The applicants argue that they are the registered owners of the suit property, that the defendant was permitted to remain on the suit property as a caretaker, but such permission has since been revoked. That the applicants issued a notice to the defendant dated 15.9.2025 to vacate the premises, but the latter refused or neglected to do so. Thus the continued occupation of the land by the defendant amounts to interfering with plaintiffs’ proprietary rights of the suit premises. 3. The defendant was served as per the Affidavit of Service dated 13.6.2026 but no response was filed. 4. I have scrutinized the documents filed in this suit. One of them is a Certificate of title dated 16.6.2025 registered in ELC MISC APP E006 OF 2026 [JUDGMENT] Page 2 of 4
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the names of the applicants. In terms of the provisions of Section 25 of the Land Registration Act, the applicants deserve protection of their right to property from this court. It is also noted that a notice was duly issued to the defendant to vacate the suit premises. In that regard, the orders sought are merited. 5. The claim of the applicants in terms of the application dated 20.4.2026 is allowed with costs to the applicants. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8th DAY OF JULY, 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nancy Mwangi – C/A M/s Nafula h/b for M/s Kagwiria for applicant Absent for respondent ELC MISC APP E006 OF 2026 [JUDGMENT] Page 3 of 4
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