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ELCOtherKapsabet ELCC No. 14 of 2022 (as referenced)

Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR)

Environment and Land Court
4 June 2025
439 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan land court froze the situation on disputed farmland—no uprooting crops, no selling land—until it decides two pending applications in July.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kapsabet, delivered by G M A Ongondo J on 4th June 2025, deals with two interlocutory applications arising from a judgment entered on 30th January 2023. The first application, dated 17th January 2025 by the plaintiff through Rotich, Langat and Partners Advocates, sought an order that the Officer Commanding Kapsabet Police Station provide security during implementation of the court's orders of 30th January 2023. The second application, dated 29th May 2025 by Kirwa Kurgat Aziz, Ali Kipngetich Kurgat, Faraj Kiplimo Kurgat and Ibrahim Kiprop Kurgat, administrators of the estate of Rashid Kipkurgat Too (deceased), through Kipkosigei Choge and Company Advocates, sought review, variation and setting aside of those orders and decree. The judgment of 30th January 2023 also applies in Kapsabet ELCC No. 14 of 2022. Upon hearing counsel for both sides, the court noted it was common ground that the applications be allowed in part by way of a status quo order to sustain the substratum of the suit, citing Ogada-vs-Mollin (2009) eKLR. The court issued directions for filing of responses, rejoinders and written submissions within seven-day timelines, and granted interim orders restraining the applicants from uprooting or destroying maize on, or transferring or alienating, the portion of LR No. Nandi/Kapkangani/2407 occupied by the plaintiff pending determination of the applications. The Officer Commanding Chepsonoi/Kaimosi Police Station was directed to oversee implementation of the interim orders. Further directions were set for 24th July 2025. No costs order was made; the applications themselves remain pending hearing.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the officer commanding Kapsabet Police Station should provide security during implementation of the orders of 30th January 2023
  2. 2.Whether the orders/decree of 30th January 2023 should be reviewed, varied or set aside

Key legal issues

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01

Interim preservation pending hearing of review and security applications

Holding

Court granted status quo and directed police oversight of implementation pending determination

Reasoning

Counsel for both parties agreed the applications should be allowed in part by way of status quo. The court adopted this common position to preserve the substratum of the suit, citing Ogada-vs-Mollin (2009) eKLR, and ordered that the applicants not interfere with the plaintiff's occupation, crops, or alienation of the suit land pending full hearing of the two applications by written submissions.

p. 2

Legal principles established

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  • An order of status quo may issue to sustain the substratum of the suit pending the outcome of interlocutory applications

Court orders

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  1. 1.Plaintiff/respondent's counsel to file and serve response to the second application within seven days
  2. 2.Applicants' counsel to file and serve rejoinder and submissions within seven days upon service of the response
  3. 3.Respondent's counsel to file and serve submissions within seven days upon service of the applicants' submissions
  4. 4.Applicants to respect the portion of land occupied by the plaintiff in LR No. Nandi/Kapkangani/2407 and not uproot or destroy maize planted thereon or transfer/alienate any portion pending hearing and determination of the applications
  5. 5.The Officer Commanding Chepsonoi/Kaimosi Police Station to oversee implementation of the interim orders
  6. 6.Further directions set for 24th July 2025

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Appellate/first-instance jurisdiction of the Environment and Land Court (no specific provision cited)

Relief refused

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Order that the Officer Commanding Station Kapsabet provide security during implementation of the 30th January 2023 orders

Court issued interim status quo instead and directed the Officer Commanding Chepsonoi/Kaimosi Police Station to oversee interim orders pending hearing

p. 2

Review, variation and setting aside of the orders/decree of 30th January 2023

Applications not determined at this stage; only directions and interim orders issued

Costs

No costs order made

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The applicants shall respect the portion of land occupied by the plaintifi in LR No.Nandi/ Kapkangani/2407 being a sub division of LR NO. Nandi/Kapkangani/ 515 and in particular, they shall not uproot and or destroy maize planted thereon or transfer or alienate a portion thereof pending the hearing and determination of the two applications.
p. 2status quo orders
The oficer Commanding Chepsonoi/Kaimosi Police Station to oversee the implementation of the interim orders herein.
p. 2police oversight of interim orders
It is common ground that the two applications be allowed in part by way of an order of status quo to sustain the substratum of the suit pending the outcome of the applications
p. 2interlocutory preservation

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mitei v Aziz & 3 others (As Administrators of the Estate of Rashid Kipkurgat Too alias Richid Kipkurgat Too - Deceased) (Environment & Land Case E011 of 2022) [2025] KEELC 4272 (KLR)", Case Analysis (2025). Kapsabet ELCC No. 14 of 2022 (as referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4272/eng@2025-06-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.