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1.The application dated 10th October, 2025 seeks the following orders;
1)THAT this Honourable Court be pleased to review and vacate or set aside the orders of 4th March, 2025 and or any order closing the 1st Respondent’s case and or deeming the 1st Respondent’s case as closed.
2)THAT pursuant to the granting of prayer 1 above, this Honourable court be pleased to re-open the 1st Respondent’s case to allow the 1st Respondent to file a list and or a supplementary list of documents together with documents, and to allow the 1st Respondent to produce/adduce newly discovered documentary evidence.
3)THAT 1st Respondent be granted leave to recall its earlier witness and or call an additional witness to adduce the said evidence.
4)THAT the costs of this application be in the cause.
2.The application is predicated on the grounds on its face and supported by the affidavit of Dorcus Cheruiyot, County Attorney, Elgeyo Marakwet County, sworn on 10th October, 2025.
3.The application is not opposed.
4.On 19th November, 2025 and 2nd December, 2025 the 2 to 4th respondents informed the court that they were not opposing the application. The petitioner who had sought time to respond to the application had not filed any response when the application came for interparties hearing.
5.I have considered the application, the grounds, the supporting affidavit, the background of this case, circumstances leading to filing of the application, the orders sought in the petition, the prejudice if any that will be suffered by any party if the orders sought are allowed and that hearing in this petition had closed.
6.I have perused the documents which the 1st respondent intends to introduce and l am of the humble veiw that these are crucial documents which if allowed, will assist the court in arriving at a more informed decision. In the interest of justice, l allow prayers 1, 2 and 3 in the application but only to the extent of recalling Emmanuel Kipkemoi Birir to produce the letters dated 19th September 2025, 24th September 2025 and 25th September 2025.
7.To ensure that the petitioner is not disadvantaged, I reopen the petitioner’s case and direct that he be recalled, file further documents if need be and be cross examined.
8.The 1st, 2nd and 3rd respondents are directed to file and serve their affidavits and/ or documents in 4 days.
9.Hearing will proceed on 17th December, 2025 in open court at 9:30am.
Dated, signed and delivered this 4th day of December, 2025.
Ruling delivered virtually in the presence of;-
Mr. Nyamweya for the Petitioners
Mr. Wafula for the 1st Respondent
Ms. Cheruiyot for the 2nd and 3rd Respondents
Ms. Kiprotich for the 4th Respondent
Court Assistant: Christine.'
1.The application dated 10th October, 2025 seeks the following orders;
1)THAT this Honourable Court be pleased to review and vacate or set aside the orders of 4th March, 2025 and or any order closing the 1st Respondent’s case and or deeming the 1st Respondent’s case as closed.
2)THAT pursuant to the granting of prayer 1 above, this Honourable court be pleased to re-open the 1st Respondent’s case to allow the 1st Respondent to file a list and or a supplementary list of documents together with documents, and to allow the 1st Respondent to produce/adduce newly discovered documentary evidence.
3)THAT 1st Respondent be granted leave to recall its earlier witness and or call an additional witness to adduce the said evidence.
4)THAT the costs of this application be in the cause.
2.The application is predicated on the grounds on its face and supported by the affidavit of Dorcus Cheruiyot, County Attorney, Elgeyo Marakwet County, sworn on 10th October, 2025.
3.The application is not opposed.
4.On 19th November, 2025 and 2nd December, 2025 the 2 to 4th respondents informed the court that they were not opposing the application. The petitioner who had sought time to respond to the application had not filed any response when the application came for interparties hearing.
5.I have considered the application, the grounds, the supporting affidavit, the background of this case, circumstances leading to filing of the application, the orders sought in the petition, the prejudice if any that will be suffered by any party if the orders sought are allowed and that hearing in this petition had closed.
6.I have perused the documents which the 1st respondent intends to introduce and l am of the humble veiw that these are crucial documents which if allowed, will assist the court in arriving at a more informed decision. In the interest of justice, l allow prayers 1, 2 and 3 in the application but only to the extent of recalling Emmanuel Kipkemoi Birir to produce the letters dated 19th September 2025, 24th September 2025 and 25th September 2025.
7.To ensure that the petitioner is not disadvantaged, I reopen the petitioner’s case and direct that he be recalled, file further documents if need be and be cross examined.
8.The 1st, 2nd and 3rd respondents are directed to file and serve their affidavits and/ or documents in 4 days.
9.Hearing will proceed on 17th December, 2025 in open court at 9:30am.
Dated, signed and delivered this 4th day of December, 2025.
Ruling delivered virtually in the presence of;-
Mr. Nyamweya for the Petitioners
Mr. Wafula for the 1st Respondent
Ms. Cheruiyot for the 2nd and 3rd Respondents
Ms. Kiprotich for the 4th Respondent
Court Assistant: Christine.'