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JudgmentKENNEDY ANUNDA ROGITO AND GIDEON ANUNDA ROGITO AND 1 Others VS ROSE OMBATI AND KENYA ELEECTRICITY TRANSMITION COMPANY LIMITED1 min read

KENNEDY ANUNDA ROGITO AND GIDEON ANUNDA ROGITO AND 1 Others VS ROSE OMBATI AND KENYA ELEECTRICITY TRANSMITION COMPANY LIMITED

Environment and Land Court at Kisii Environment and Land Court · · Sila Munyao

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REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISII
ELC NO. 339 OF 2014

KENNEDY ANUNDA ROGITO
GIDEON ANUNDA ROGITO
GEORGE ANUNDA ROGITO
(Suing as administrators of the Estate of the late Henry Anunda Rogito – Deceased) ……………………………...……….. PLAINTIFFS
VERSUS
KENYA ELECTRICITY TRANSMISSION COMPANY LIMITED (KETRACO) ……………………………………...………….. DEFENDANT

RULING
(Application for amendment of plaint; application allowed)
1. The application before me is that dated 28 July 2025. It is an application filed by the plaintiffs seeking to amend the plaint. The suit is a claim for compensation for a wayleave created in favour of the defendant over the land parcel Bonyamoyio/Bosigisa/Boburia/513. The applicants aver that at the time they filed suit they filed it as administrators of the estate of the late Henry Anunda Rogito (deceased) as the land was registered in his name. They now state that the land has since been transmitted to them and they are now the registered proprietors hence the need to amend the plaint.

2. The defendant does not oppose the application.

3. I allow it given that it is not opposed.

4. The plaintiffs are at liberty to file and serve their amended plaint within the next Seven (7) Days and there is liberty given to amend the defence, 7 days thereafter.

5. There will be no orders as to costs.

6. Orders accordingly.

DATED AND DELIVERED THIS 21 DAY OF OCTOBER 2025

JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII

Delivered in presence of :
Mrs. Morara for the plaintiffs
Mr. Omagwa h/b for Mr. Kibanga for the defendant
Court Assistant – Michael Oyuko

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Details

Delivered
Case type
Civil Suit

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