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ELCAllowedEnvironment and Land Petition E005 of 2026

Eastern Produce Kenya Ltd & another v County Government of Nandi and Judiciary Service Commission

Environment and Land Court
24 September 2026
GOGMA Ongondo
547 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 court has temporarily stopped Nandi County from enforcing disputed land rates against Eastern Produce until the main case is decided.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Kapsabet (GMA Ongondo, J) on an application dated 30th July 2026 by the petitioners, Eastern Produce Kenya Limited and another, against the County Government of Nandi (1st respondent) and the Judiciary Service Commission (2nd respondent). The petitioners sought conservatory orders restraining the 1st respondent from taking enforcement measures or demanding payment of land rates in respect of invoices issued in July 2026, pending hearing of their petition. The petition challenges the 1st respondent's Draft Valuation Roll dated 9th September 2025, whose alleged adoption was not notified to the applicants, and seeks an order of mandamus compelling the 2nd respondent to appoint members of the National Rating Tribunal, which the applicants say is not constituted, leaving them without the statutory forum to challenge the amended valuation roll. Counsel for the applicants relied on an affidavit of service sworn on 3rd August 2026 by a licensed process server showing service on the respondents, who filed no response. Applying Order 10 Rule 2 of the Civil Procedure Rules 2010 and the Court of Appeal decision in Waweru vs Maina on proof of service, the court found service duly effected and the application unopposed and meritorious. It allowed prayer 3, issuing conservatory orders restraining the 1st respondent from enforcing or demanding the disputed rates, and set the petition for pre-trial directions on 8th October 2026. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the application dated 30th July 2026 was duly served upon the respondents
  2. 2.Whether conservatory orders restraining the 1st respondent from enforcing land rates demands should issue pending the hearing of the petition

Key legal issues

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01

Proof of service of the application

Holding

Service was proved by the affidavit of service sworn on 3rd August 2026 by a licensed process server; the respondents did not respond.

Reasoning

The court relied on the affidavit of service sworn by Mbua George Kizito, a licensed process server, demonstrating service on the respondents. Citing Waweru vs Maina on proof of service, and Order 10 Rule 2 of the Civil Procedure Rules 2010 requiring a formal affidavit of service against a non-appearing party, the court found service duly effected and the application unopposed.

p. 2
02

Whether conservatory orders should issue pending the petition

Holding

The application was meritorious and conservatory orders were granted restraining the 1st respondent from enforcing land rates demands.

Reasoning

With service proved and no response filed, the court found the application 'steadfast and meritorious' and allowed prayer 3, restraining the 1st respondent from taking enforcement measures or demanding payment of land rates in respect of the July 2026 invoices, pending hearing and determination of the petition challenging the valuation roll.

p. 2

Legal principles established

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  • A party seeking to proceed against a non-appearing party must file a formal affidavit of service as primary proof of service under Order 10 Rule 2 of the Civil Procedure Rules 2010.

Court orders

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  1. 1.Conservatory orders restraining the 1st respondent from taking any enforcement measures and/or demanding payment of land rates in respect of invoices issued to the petitioners in July 2026, pending the hearing and determination of the petition
  2. 2.The petition set for pre-trial directions on 8th October 2026 and the 1st respondent to be served accordingly

The bench

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

GO
majority

Wrote the judgment

Jurisdiction invoked
Original petition jurisdiction of the Environment and Land Court; interim relief sought pending determination of the petition

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 30th July 2026 is hereby allowed in terms of order number 3 for conservatory orders restraining the 1st respondent from taking any enforcement measures and/or demanding payment of land rates in respect of invoices issued to the petitioners in July 2026.
p. 2Final orders - conservatory orders granted
Under Order 10 Rule 2 of the Civil Procedure Rules 2010, a party seeking to proceed against a nonappearing party, is obligated to le a formal adavit of service as the primary proof of service.
p. 2Proof of service

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, "Eastern Produce Kenya Ltd & another v County Government of Nandi and Judiciary Service Commission", Case Analysis (2026). Environment and Land Petition E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5940/eng@2026-09-24

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