REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT ELDORET ELC CASE NO. E015 OF 2026 CHARLES MANDEGWA………………………………………… PLAINTIFF VERSUS ROSALINE KOGO……………………………………………..DEFENDANT RULING: 1. When this matter came up for directions on 8.7.2026, Mr. Nyambegera Advocate for the Applicant informed the court that the matter was for directions on an application dated 8.5.2026. Learned counsel for the applicant stated that they had served the respondent with that application and that there was an affidavit of service dated 6.7.2026, and since there was no response filed, he prayed for the application to be allowed or in the interim, an order be granted in terms of prayer 2 of the application. The court granted the said interim order and reserved ruling for 1.10.2026. 2. When the court retired to write the ruling, and upon perusing the court record, including the CTS portal, there is no such application dated 8.5.2026. The only pleadings filed in the court record is the originating summons dated 8 th May, 2026. It is therefore apparent that the court granted an interim ELC(OS) Case No. E015 Of 2026 Ruling Page 1
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order on a non-existent application and reserved a ruling for an application that is also not filed. Consequently, the interim order issued on 8.7.2026 is hereby discharged, and in view of the fact that there is no application dated 6.7.2026 as stated hereinabove, the court cannot write and/or deliver any ruling on the same 3. It is so ordered. DATED, SIGNED and DELIVERED at ELDORET this 1st day of OCTOBER, 2026. C. K. YANO ELC, JUDGE Ruling delivered in the virtual presence of: Mr. Wainaina holding brief for Mr. Nyambegera for Plaintiff/ Applicant. No appearance for the Defendant/Respondent. Court Assistant – Laban ELC(OS) Case No. E015 Of 2026 Ruling Page 2
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