Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Civil Case 24 of 2009 GLADYS CHEPKEMOI MAINA……………..1ST PLAINTIFF EMILY MAINA……………………………..….2ND PLAINTIFF AGNESS MAINA………………………………3RD PLAINTIFF CHEMUTAI MAINA……………………….….4TH PLAINTIFF VERSUS TAPTUGEN ARAP MAINA……………...…1ST DEFENDANT MONICA CHEPKORIR MAINA………..…2ND DEFENDANT RULING The plaintiffs in this case claim that as children of the 1 st defendant, Taptugen Arap Maina, they occupy ½ of his piece of land situate in Nakuru and known as Njoro/Ngata Block 5/108 (the suit piece of land). In April 2008, the 2nd defendant who is their step mother entered upon the portion they occupy, demolished their buildings and cultivated it. On enquiry the plaintiffs were surprised to learn that the 1 st defendant had transferred the suit piece of land to the 2 nd defendant. They regard that act as fraudulent. They therefore claim for an order to rectify the register and have the 1st defendant registered as the owner of the suit piece of land after which the 1 st defendant should be compelled to transfer half of that land to them. They also claim for an order to restrain the defendants from interfering with their quiet occupation of the portion in their possession. Contemporaneous with the filing of the suit they filed an application for injunction. When it came before me for further hearing on 20th March 2010, the 1st defendant vehemently denied being the father of the plaintiffs and stated through his counsel that he is prepared to undergo a DNA examination to verify his claim. When I asked the applicants if they were also ready to undergo the same examination they declined. In view of this and with nothing else on record to proof their beneficial interest in the suit land I find that the applicants have not made out a prima facie case with a probability of success. Consequently I dismiss their application for injunction with costs to the defendant. DATED and DELIVERED this 26th day of April 2010. D. K. MARAGA JUDGE.