Kalinda & 2 others (All Suing as the Legal Representative of the Estate of Kalinda Mwanga) v Muthami & 2 others (All Sued as Legal Representative of the Estate of Muthami Mwanga – Deceased) (Enviromental and Land Originating Summons E046 of 2022) [2026] KEELC 4466 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEELC 4466 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MAKUENI ENVIROMENTAL AND LAND ORIGINATING SUMMONS E046 OF 2022 EO OBAGA, J JULY 16, 2026 BETWEEN ESTHER WAYUA KALINDA .............................................................. 1ST PLAINTIFF LAWRENCE MBUVA KALINDA ...................................................... 2ND PLAINTIFF MUTUA KALINDA ............................................................................. 3RD PLAINTIFF ALL SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF KALINDA MWANGA AND MONICAH MUTHAMI ................................................................... 1ST DEFENDANT FRANCISCAH KATAA .................................................................. 2ND DEFENDANT PETER MUTINDA MUTHAMI .................................................... 3RD DEFENDANT ALL SUED AS LEGAL REPRESENTATIVE OF THE ESTATE OF MUTHAMI MWANGA – DECEASED RULING 1. This is a ruling in respect of a notice of motion dated 16th December, 2025 in which the Applicants seeks that this court’s orders given on 15th May, 2025 and issued on 10th September, 2025 be varied to read the OCS Mumbuni police station instead of the OCS Makueni police station. 2. The Applicants had obtained judgment in their favour on 11th October, 2023. The judgment directed that LR No. Makueni/Kako/189 be subdivided into two equal portions to be shared between the Applicants and the Respondents. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4466/eng@2026-07-16 1
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3. The Applicants subsequently made an application for execution of decree. In a ruling delivered on 15th May, 2025, the court allowed the application and directed the OCS Makueni to provide security during the exercise. The Applicants extracted the order which was issued on 10th September, 2025. When the order was served upon the OCS Makueni, he declined to act stating that the police station with jurisdiction to provide security was Mumbuni police station. It is on this basis that the Applicants came back to court seeking to review the order to direct the OCS Mumbuni police station to provide security. 4. The Applicants’ application was opposed by the Respondents based on a replying afidavit sworn on 13th February, 2026. The Respondents contend that the Applicants have not met the threshold for review and that the Applicants are not being clear on what they want. 5. The Applicants filed their submissions dated 16th April, 2026. I have duly considered the Applicants’ application, the opposition to the same by the Respondents as well as the submissions by the parties. The only issue for determination is whether the Applicants have met the threshold for review. 6. The Respondents have not preferred any appeal against the judgment of 11th October, 2023. They have also not preferred any appeal from the ruling of 15th May, 2025. The Applicants are simply seeking to execute the judgment and are only seeking to change the police station which will provide security from Makueni to Mumbuni. The Applicants have demonstrated that there is suficient cause for this court to vary the orders given on 15th May, 2025 and issued on 10th September, 2025. I therefore allow the applicants’ application dated 16th December, 2025 in terms of prayer 2 and 3. It is so ordered. RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 16TH DAY OF JULY, 2026. ..................................... HON. E. O. OBAGA, FCIArb JUDGE In The Presence Of: 1st Applicant in person 2nd Applicant in person. Court assistant - Musyoki https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4466/eng@2026-07-16 2
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