REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ELCL E027 OF 2026 KIBIRECH ARAP CHEMIRON………………………………………..PLAINTIFF VERSUS PERES JEPCHIRCHIR……………………………………………… DEFENDANT RULING 1. In an application by way of Notice of Motion dated 11 th August 2026, the applicant/plaintiff through Ngala C and Company Advocates is seeking the orders infra; a) The Honourable Court be pleased to strike out the Notice of Change of Advocates and Notice of withdrawal of suit both dated 6th August 2026 filed by the firm of M/S Cherop Cheryl and Associates Advocates and this suit be reinstated forthwith. b) The Honourable Court does order the firm of M/S Cherop Cheryl and Associates Advocates to bear the costs of this application. KAPSABET ELCLC NO. E027 OF 2026 RULING 1
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2. The application is anchored upon the applicant/plaintiff’s affidavit of sixteen paragraphs sworn on even date and eleven grounds, inter alia; cancellation of registration of the suit land reference number Kapsabet Municipality 116 to the name of the 1st defendant/respondent on the grounds of fraud and illegality perpetrated by the 3 rd and 4th defendants/respondents. That on 6th August 2026, the firm of M/S Cherop Cheryl and Associates Advocates lodged the Notice of Change of Advocates and Notice of withdrawal of suit both dated 6th August 2026 purporting to represent the applicant who has never instructed the said firm of advocates. That both notices were not served on the firm of Ngala C and Company Advocates that is on record for the applicant thus, provoking the application. 3. Ms Ngala C learned counsel for the applicant/plaintiff made reference to the application duly served on the respondents as per her affidavit of service sworn on 18th August 2026. She thus, implored the court to allow the application. 4. It is notable that Order 10 Rule 2 of the Civil Procedure Rules 2010 requires a party seeking to proceed against a KAPSABET ELCLC NO. E027 OF 2026 RULING 2
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non-appearing party to file a formal affidavit of service as the primary proof of service. 5. In the instant application, the respondents were duly served with the application as disclosed in the affidavit of service sworn on 18th August 2026 by Ms Ngala C learned counsel for the applicant. 6. It is abundantly clear that the applicant/plaintiff instructed only the firm of Ngala C and Company Advocates as his professional advisor to represent him herein. On that score, I subscribe to the decision in the case of Butt vs Rent Restriction Tribunal {1979} KECA 22 (KLR) where the Court of Appeal observed; ‘……The litigants and their professional advisors are the best judges of their affairs……’ 7. In the premises, there is no response to the application properly presented and duly served on the respondents. So, the application is firm and merited. 8. Wherefore, the application dated 11th August 2026 is hereby allowed in the terms sought in therein as follows; KAPSABET ELCLC NO. E027 OF 2026 RULING 3
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c) The Notice of Change of Advocates and Notice of withdrawal of suit both dated 6 th August 2026 filed by the firm of M/S Cherop Cheryl and Associates Advocates be and hereby struck out and this suit deemed withdrawn, be reinstated forthwith. d) The firm of M/S Cherop Cheryl and Associates Advocates to bear the costs of this application. 9. The instant suit is fixed for Pre-trial directions on 15 th October 2026 and the defendants be served accordingly. 10. It is so ordered. Dated and Delivered at Kapsabet this 24th day of September 2026. HON. G M A ONGONDO JUDGE In the presence of; 1. Ms Ngala C learned counsel for the applicant/plaintiff KAPSABET ELCLC NO. E027 OF 2026 RULING 4
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2. Ms Odeyo learned counsel for the 2 nd and 3rd respondent/defendants 3. Mr Walter & Emma, Court Assistants KAPSABET ELCLC NO. E027 OF 2026 RULING 5
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