Rotich v Letting & another (Environment and Land Case E001 of 2023) [2026] KEELC 3655 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEELC 3655 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E001 OF 2023 GMA ONGONDO, J JUNE 10, 2026 BETWEEN MATHEW KIPRONO ROTICH .............................................................. PLAINTIFF AND ABIGAEL LETTING ......................................................................... 1ST DEFENDANT APPY J METTO ............................................................................... 2ND DEFENDANT RULING 1. 2. The 1st defendant/applicant through Kipkosgei Choge and Company Advocates initiated an application by way of Notice of Motion dated 23rd June 2025 seeking the following orders; a. Spent b. That the Honourable Court be pleased to order and direct the OCS, Poto Poto Police Station and the OCS, Chemase Police Base, to put the Applicant in possession, occupation and possession of Parcel Nandi/Legemet/323. c. That there be a further order of this Honourable Court directing the OCS Poto Poto Police Station and the OCS, Chemase Police Base, to provide security order to the Applicant during her re-entry in to the suit land. d. That a further order be given to the County Surveyor, Nandi and County Land Registrar, Nandi, to proceed to the grounds of Parcel Nandi/Legemet/323 to re-establish its boundaries vide a consent Order issued on the 3rd day of April, 2024. e. That costs of this application be in the cause. The foundation of the application is the applicant’s afidavit of thirteen paragraphs sworn on even date with the accompanying documents including court order of 3rd April 2024 and six grounds, inter alia; https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3655/eng@2026-06-10 1
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a. That the Order/Decree has been brought to the attention of the Respondent. There is no Appeal, an application to set aside, vary or stay the Order filed and/or is pending before any Court. b. That despite being a Decree Holder, she has been evicted by the Respondent from her own land and has in fact been charged in Criminal Case No. E017 of 2023 in an ofience over Cofiee Bushes on her Land which she has a Title Deed. The Complainant is the Respondent. c. That all efiorts to have the County Surveyor and the Land Registrar implement the Order has not been successful as the Land Registrar and the Surveyor have been unhelpful. d. That it is imperative that at all times the dignity of the Court ought to be maintained by enforcing its Orders. 3. There is no response to the application duly served as revealed in the afidavit of service sworn on 14th April 2026. 4. It is trite law that in such a case, there is presumption of service by 1st defendant/applicant; see Shadrack Arap Baiywo vs Bodi Bach (1987) eKLR. 5. Mr. K. Choge learned counsel for the applicant implored the court to grant orders 2, 3, 4 and 5 sought in the application in the circumstances. 6. It is crystal clear that prayers 2 and 3 in the application target at unimpeded implementation of the decision and decree herein while prayer 4 is in consonant with section 18 (2) of the Land Registration Act 2016 (2012) and being guided by the decision in the case of Azzuri Ltd vs Pink Properties Lt (2018) eKLR, among other authoritative pronouncements. 7. To that end, I find the application unchallenged, cogent and meritorious. 8. Accordingly, the application dated 23rd March 2025 is hereby allowed in terms of orders 2, 3, 4 and 5 sought therein as stated in paragraph 1 (b) (c ) (d) and (e) hereinabove. 9. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 10TH DAY OF JUNE 2026. HON. G M A ONGONDO JUDGE In the presence of; Mr. K. Choge learned counsel for the 3rd defendant/applicant. Mr. Walter Kipkorir, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3655/eng@2026-06-10 2
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