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ELCAllowedPetition dated 2026 (Kapsabet ELC Petition)

Kogo v Attorney General & 3 others (Land Case Petition E007 of 2026) [2026] KEELC 5355 (KLR)

Environment and Land Court
25 August 2026
GOG M A Ongondo
635 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court paused a land survey that would have affected a man who was never heard in the original case.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kapsabet (Hon. G M A Ongondo, J) determined an unopposed Notice of Motion dated 18th August 2026 by the applicant/petitioner, Pius Kiptanui Kogo. The applicant, claiming to be the registered proprietor of LR No. Nandi/Chemase/1184 (formerly Nandi/Chemase/274), sought conservatory orders pending the hearing of his petition to suspend a planned ground visit by the County Surveyor for Nandi County intended to implement a court order in Kapsabet MELC No. 96 of 2019 concerning several Nandi/Chemase parcels. He contended that he was neither a party to that suit nor aware of it, that his parcel was not among the suit parcels, and that he was never accorded an opportunity to be heard before the adverse decision was made, exposing him to irreparable harm. The application was served on all respondents as shown in affidavits of service, and was unopposed. The court anchored its jurisdiction in Article 23(3)(c) of the Constitution and Section 13(7) of the Environment and Land Court Act, applied the Ephraim Njugu Njeru authority on service, noted the Article 50(1) fair-hearing concern, and found the application cogent and meritorious. It allowed the application in terms of the conservatory order suspending the ground visit, with costs to abide the outcome of the petition, and directed service for directions and mention on 27th October 2026.

Questions the Court framed

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

  1. 1.Whether the applicant was duly served with the application
  2. 2.Whether the unopposed application for conservatory orders pending the hearing of the petition is merited

Key legal issues

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01

Whether conservatory orders should issue pending the petition

Holding

The application, being unopposed and founded on an alleged denial of fair hearing, was found meritorious and conservatory orders were granted suspending implementation of the court order and surveyor's ground visit.

Reasoning

The court noted the application was served on all respondents and unopposed. It framed the applicant's complaint as a denial of fair hearing contrary to Article 50(1), and held that Article 23(3)(c) of the Constitution and Section 13(7) of the Environment and Land Court Act empower the court to grant interim preservation and conservatory orders. Finding the application cogent and meritorious, it allowed it in terms of prayer for the conservatory order with costs in the cause.

p. 2

Legal principles established

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  • Service of an interlocutory application must be proved by affidavit of service.

Court orders

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  1. 1.Conservatory order 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, pending the hearing and determination of the petition
  2. 2.Costs of the application to abide the outcome of the petition
  3. 3.Respondents to be served for directions as regards the petition and mention on 27th October 2026

The bench

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

GO
majority

Wrote the judgment

Jurisdiction invoked
Article 23(3)(c) of the Constitution of Kenya 2010; Section 13(7) of the Environment and Land Court Act, 2015

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.

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.
p. 2final orders - conservatory order granted
It is so ordered.
p. 2disposition
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.
p. 2statutory basis for conservatory orders

Issues in the judgment

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minor

The application is dated 18th August 2026 and seeks to suspend a ground visit scheduled for 20th August 2026, yet the ruling is dated 25th August 2026 - the visit date had already passed at the time of the ruling.

minor

The respondent parties are not individually named in the ruling; only '1st, 2nd and 3rd respondents' appear.

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, "Kogo v Attorney General & 3 others (Land Case Petition E007 of 2026) [2026] KEELC 5355 (KLR)", Case Analysis (2026). Petition dated 2026 (Kapsabet ELC Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5355/eng@2026-08-25

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