Rono v Jerubet & another (Environment and Land Case E031 of 2026) [2026] KEELC 6120 (KLR) (28 September 2026) (Ruling) Neutral citation: [2026] KEELC 6120 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE E031 OF 2026 GMA ONGONDO, J SEPTEMBER 28, 2026 BETWEEN SAMUEL RONO ......................................................................................... PLAINTIFF AND ESTHER JERUBET ........................................................................... 1ST DEFENDANT LAND REGISTRAR NANDI COUNTY ...................................... 2ND DEFENDANT RULING 1. By a Notice of Motion application dated 28th August 2026, the applicant/plainti, Samuel Rono through Kipkorir, Kipkorir CK and Company Advocates, is seeking, inter alia, a temporary injunction against the defendants/respondents in respect of the suit land. Nandi/Ngechek/320 and or its resultant subdivisions, including but not limited to parcels Nandi/Ngecheck/1201 to 1214 pending the hearing and determination of the instant suit. 2. Pursuant to the directions and orders of this court given on 28th August 2026, the application is xed for hearing today. However, the applicants/defendants and his counsel being aware of this date, are absent without any reason to prosecute the application. 3. It is the personal duty of the parties who are aware of court proceedings to be diligent and proactive, and laxity cannot be excused even under the overriding objective of the court; see also Utalii Transport Company Ltd & 3 others vs NIC Bank Ltd & another (2014) eKLR. 4. Notably, Order 12 Rule 3 of the Civil Procedure Rules 2010 stipulates that if the plainti/applicant fails to appear when the suit or application is called for hearing and they had notice of the date, the court may dismiss the same. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6120/eng@2026-09-28 1
page 1 of 2
5. Further, this court is mandated under sections 1A, 1B, 3 and 3 A of the Civil Procedure Act Chapter 21 Laws of Kenya and section 3 of the Environment and Land Court Act 2015 (2011) to render orders for the ends of justice. 6. More fundamentally, the application is set for hearing and subsequent disposal to pave way for hearing of the suit is in the spirit of Article 159 (2) (b) of the Constitution of Kenya 2010 which provides; ‘ Justice shall not be delayed.’ 7. In the premises, the application dated 28th August 2026 is hereby dismissed with no orders as to costs. 8. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 28TH DAY OF SEPTEMBER 2026. HON. G M A ONGONDO JUDGE In the presence of; Mr Walter Kipkorir & Emmaculate Chepkorir, court assistants https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6120/eng@2026-09-28 2
page 2 of 2