ISAAC KIPKEMBOI & 4 OTHERS VS JOSEPH KIMITEI & 7 OTHERS

RULING

1. Due to the age of the proceedings and different judges that  have handled this file, it is prudent to start afresh.
2. Consequently, the suit will be heard denovo.
3. The parties are directed to prepare, file and serve their individual trial bundles that will include their pleadings, their witness statements and list of documents to be relied upon at the trial which bundle should be clearly paginated.
4. The said trial bundles by the parties should be prepared, filed and served within 14 days from today’s dated.
5. The matter will come up for pre-trial and confirmation of compliance on 26^th February, 2025 at 11:30am in open court.
6. The 1^st Plaintiff counsel will serve the court’s directions on all parties that are not present by close of business on 7^th February, 2025.

DATED, SIGNED & DELIVERED Virtually at Eldoret  ELC Court on 6^TH  FEBRUARY 2025.

IN THE PRESENCE OF:

Court Assistant: Brian

1. Counsel for Plaintiff: Mr. Njuguna
2. Counsel for Defendant: Ms. Koech for 1^st Plaintiff
3. Ms. Rotich for 2^nd Plaintiff
4. Kimutai in person as 3^rd Plaintiff
5. Mr. Wainaina holding brief
6. Mr. Momanyi for 9^th, & 11^th Defendants
7. Mr. Nyebwei for 2^nd Defendant
8. Mr. Bimurgor holding brief for Mr. Kigen for 8^th Df
9. Ms. Rotich holding brief Martim for 10^th Defendant-no appearance
10. Messer Yego & Co. Adv for 1^st Defendant
11. Ms. Cherubut for 4^th & 5^th Defendant
12. No appearance for 3^rd Defendant
13. Mr. Kibii for 7^th Defendant – no appearance