Kogo v Attorney General & 3 others (Land Case Petition E007 of 2026) [2026] KEELC 5355 (KLR) (25 August 2026) (Ruling) Neutral citation: [2026] KEELC 5355 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET LAND CASE PETITION E007 OF 2026 GMA ONGONDO, J AUGUST 25, 2026 BETWEEN PIUS KIPTANUI KOGO ........................................................................ PETITIONER AND THE HON ATTORNEY GENERAL ............................................ 1ST RESPONDENT THE COUNTY LAND SURVEYOR-NANDI COUNTY .......... 2ND RESPONDENT THE LAND REGISTRAR-NANDI COUNTY .......................... 3RD RESPONDENT KAPSABET CHIEF MAGISTRATS’ COURT ............................ 4TH RESPONDENT RULING 1. 2. The present ruling is in respect of the application by way of a Notice of Motion dated 18th August 2026 by the applicant/petitioner, Pius Kiptanui Kogo through Cheruiyot Melly and Associates Advocates for the orders infra; a. That pending the hearing and determination of this petition, this court be pleased to issue temporary conservatory orders suspending the planned ground visit by the County Surveyor Nandi County on 20th August 2026 to implement the court order in Kapsabet MELC No. 96 of 2019 on LR Nos. Nandi/Chemase/274, 958, 959, 961, 962, 990 and 991. b. That the costs of the application be in the cause. The anchorage of the application is the applicant’s accompanying afidavit and the annexed documents……alongside the grounds on the face of the application. In summary, the applicant’s lamentation is that he is the registered proprietor of the LR No. Nandi/Chemase/1184 measuring 8.3 Hectares (formerly known as Nandi/Chemase/274) and that he has been served with a notice of https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5355/eng@2026-08-25 1
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implementation of a court order in Kapsabet MELC No. 96 of 2019 together with a land registrar’s report and the court order dated 19th August 2021. That he was neither a party to the said suit nor aware of it and that the said parcel of land was not part of the suit parcels of land. That he was never accorded an opportunity to be heard before such an adverse decision could be made against him hence, he is likely to sufier irreparably if the 2nd and 3rd respondents proceed with the implementation of the report and court order. 3. The 1st respondent was duly served as disclosed in the afidavit of service sworn on 21st August 2026 by Eliud Biwott an Advocate of the High Court of Kenya while the 2nd and 3rd respondents were duly served as shown in the afidavit of service sworn on even date by Kemei Cheptei, an authorized process server of this Court. 4. Mr. Serem instructed by Mr. Biwott learned counsel for the applicant urged the court to allow the application in terms of prayers 4 and 5 therein as the same is not opposed. 5. So, is there merit in the application? 6. The instant application is for a conservatory order as provided for under Article 23 (3) (c ) of the Constitution of Kenya 2010. 7. By the afidavits of service stated in paragraph 3 hereinabove, the applicant has satisfied this Honourable court that the application was served on the respondents as required under the law; see also Ephraim Njugu Njeru vs Justine Bedan Muturi & 2 others {2006} KECA 361 (KLR). 8. It is the applicant’s contention that, inter alia, he was not accorded a fair hearing in Kapsabet MELC No. 96 of 2019 from where the impugned report and order arose. That his parcel LR No. Nandi/ Chemase/1184 was not a subject of that suit. 9. This court is not unaware of the right to fair hearing under Article 50 (1) of the Constitution of Kenya 2010 herein. 10. Section 13 (7) of the Environment and Land Court Act 2015 (2011) empowers this Honourable Court to grant interim preservation orders which include conservatory orders sought in the application. 11. In the premises, I find the application unopposed, cogent and meritorious. 12. Thus, the application dated 18th August 2026 is hereby allowed in terms of conservatory order as stated in paragraph 1 (a) hereinabove and costs to abide the outcome of the instant petition. 13. The respondents be served for directions as regards the petition and mention on 27th October 2026. 14. It is so ordered. DATED AND DELIVERED VIRTUALLY THIS 25TH DAY OF AUGUST 2026. HON. G M A ONGONDO JUDGE In the presence of; Mr. Serem instructed by Mr. Biwott learned counsel for the applicant. Mr. Kariuki, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5355/eng@2026-08-25 2
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