REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MAKUENI
ELC OS NO. E046 OF 2022
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)
-VERSUS
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.
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 affidavit 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 sufficient 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.
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HON. E. O. OBAGA, FCIArb
JUDGE
RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 16TH DAY OF JULY, 2026.
IN THE PRESENCE OF:
1st Applicant in person
2nd Applicant in person.
Court assistant - Musyoki
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