1. On 5 th December, 2024, this Court made an Order to have one Mike Kiprono Bosuben substitute Esther Chelangat Mutai, the 1 st Petitioner herein. Esther Chelangat Mutai had passed on prompting the other Petitioners to file the Application dated 13/2/2024 to substitute the 1 st Petitioner.
2. Mr. Keter, Learned Advocate for the Petitioner has urged this Court to give directions on the way forward in this cause.
3. At the time of the death of the 1 st Petitioner, a partial mediation settlement agreement had been recorded and adopted as the decision of the Court. On 22/6/2022, the Court identified the following issues as outstanding:-
(i) The Litein Property
(ii) The Kablaba Property and
(iii) The house belonging to Esther Chelangat Mutai which had been destroyed.
4. The Court further directed that the aforestated issues be resolved by oral evidence. Parties were directed to file witness statements together with list of documents.
5. It would appear parties have filed their witness statements. However, in view of the fact that the 1 st Petitioner namely: Esther Chelangat Mutai passed on, it is only fair to grant the party who substituted her as the 1 st Petitioner an opportunity to file if need be fresh witness statements.
6. Consequently, he is granted 14 days to file and serve written witness statements plus a list and bundle of documents. This cause to be mention on 21/4/2026 to confirm compliance and to fix a hearing date.
Dated, signed and delivered at Kericho this 19 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Keter for the Petitioner
No Appearance for the Objector
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2. Mr. Keter, Learned Advocate for the Petitioner has urged this Court to give directions on the way forward in this cause.
3. At the time of the death of the 1 st Petitioner, a partial mediation settlement agreement had been recorded and adopted as the decision of the Court. On 22/6/2022, the Court identified the following issues as outstanding:-
(i) The Litein Property
(ii) The Kablaba Property and
(iii) The house belonging to Esther Chelangat Mutai which had been destroyed.
4. The Court further directed that the aforestated issues be resolved by oral evidence. Parties were directed to file witness statements together with list of documents.
5. It would appear parties have filed their witness statements. However, in view of the fact that the 1 st Petitioner namely: Esther Chelangat Mutai passed on, it is only fair to grant the party who substituted her as the 1 st Petitioner an opportunity to file if need be fresh witness statements.
6. Consequently, he is granted 14 days to file and serve written witness statements plus a list and bundle of documents. This cause to be mention on 21/4/2026 to confirm compliance and to fix a hearing date.
Dated, signed and delivered at Kericho this 19 th day of February, 2026.
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
Keter for the Petitioner
No Appearance for the Objector
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