DAVID KEINO AND DANIEL KENDUIYWO AND 3 Others VS KAPNGETUNY FARM LIMITED AND PHILIP KOSGEI AND 3 Others

RULING

1. The dispute that is before the Court is the size of different portions of land that they should get from the 1^st Defendant.
2. The Court had directed the Land Surveyor to visit the ground and pick out the portions that are being claimed by the Plaintiffs.
3. The County Land Surveyor indeed visited the ground and filed the Ground Report dated 4.06.2025.
4. However, the applicants were satisfied with the portions that were identified by the Land Surveyor.
5. Be as it may, the Court takes note that the mother title held by the 1^st Defendant is not yet sub-divided.
6. The Plaintiffs are members of the 1^st Defendant who are entitled to various sub-divisions on the mother title.
7. Thus Court is of the considered view that the 1^st Defendant should be allowed to proceed and complete the sub-division process and obtained the approved mutation.
8. Once the approved mutation is issued.  The Plaintiffs cannot confirm the size of the portions that have been lawfully adjudicated to them.
9. In the event the Plaintiffs will not be satisfied with the portion adjudicated to them through the approved mutation, they should be at liberty to apply to this Court and challenge the same.
10. If the Court would go ahead and start making decisions how much land the members of the 1^st Defendant should be allocated, then it was usurp the mandate and powers of the directors of the 1^st  Defendant which would cause chaos.
11. In conclusion therefore, this Court makes the following orders;
12. This suit is hereby fixed for mention 22.01.2026
13. The 1^st Defendant is directed to ensure the sub-division of the mother title is complete and approved mutation issued before the end of this year.

IN THE PRESENCE OF;

Court Ass: Brian

Plaintiff: Ms. Rotich holding brief Mr. Maritim for the Plaintiff

Defendant: Defendant in person