1) Article 159 (2) (b) of the Constitution of Kenya 2010 provides;
Justice shall not be delayed
2) Mr Victor Kiprono learned counsel for the applicant, Julius Kipchirchir Rotich made reference to the ruling rendered on 5th November 2025 and orders issued therefrom. He informed the court that there has been reluctance to implement the orders. Therefore, he made an application for orders directing the Officer Commanding Police Station, Mosoriot to provide security and supervise the implementation of the orders relating to survey exercise.
3) It is worth to note that on 2nd November 2025, this Honourable Court directed, inter alia, there be an order directing the County Surveyor Nandi County to undertake the survey in the 1st and 2nd sub-divisions of the suit land namely LR Numbers NANDI/ITIGO/833 AND 834 (Formerly known as NANDI/ITIGO/383) to ascertain the acreage and occupation thereof and to compile and file a report in court.
4) The provision of security personnel will allow the survey exercise to be carried out unimpeded; see also re Estate of Kipkosigei Moita {2025) KEHC 4009 (KLR).
5) This court is guided by Article 159 (2) (b) (supra) and section 3 of the Environment and Land Court Act 2015 (2011) herein.
6) Accordingly, the applicant’s application for provision of security is merited and hereby allowed in the terms thus;
a) The Officer Commanding Police Station, Mosoriot to provide security and supervise the implementation of the orders of 2nd November 2025 relating to survey exercise to be undertaken by the County Surveyor Nandi County in respect of the 1st and 2nd sub-divisions of the suit land namely LR Numbers NANDI/ITIGO/833 and 834 (Formerly known as NANDI/ITIGO/383) to ascertain the acreage and occupation thereof and to compile and file a report in this court.
b) No orders as to costs.
7) It is so ordered.
DATED and DELIVERED at KAPSABET this 9TH day of JUNE 2026
G M A ONGONDO
JUDGE
PRESENT;
Mr Victor Kiprono learned counsel for the applicant/plaintiff
Mr Walter Kipkorir, court assistant