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JudgmentLUKA KHASIEVERA & 170 OTHERS VS LAND REGISTRAR UASIN GISHU COUNTY AND CLEMENT OOKO ODHIAMBO2 min read

LUKA KHASIEVERA & 170 OTHERS VS LAND REGISTRAR UASIN GISHU COUNTY AND CLEMENT OOKO ODHIAMBO

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

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RULING

  1. The 2nd Respondent (hereinafter referred to as “the Applicant”) filed a Notice of Motion Application dated 13.11.2025 (hereinafter referred to as “the present Application”) seeking for a Review seeking the following Orders; -
  2. THAT the Application be certified as urgent and a hearing date given on priority.
  3. THAT this Honourable Court be pleased to review its Orders issued on 02.07.2025 in respect of Plots Number 2458, 2464, 2481,2496,2511,2529 all forming part of the larger parcel known as LR.NO.SOY/SOY BLOCK 10 (NAVILLUS)/818.
  4. THAT costs of this Application be provided for.
  5. The present application was supported by the Affidavit of CLEMENT OOKO ODHIAMBO sworn on 13.11.2025 in which he stated as follows; -
  6. The Ruling pronounced on 02.07.2025 had a number or errors on the face of it which required to be rectified by way of review as follows; -
  7. The mother property that created the sub-divisions was SOY/SOY BLOCK 10 (NAVILLUS)/818 and not 881 as indicated in Order No. 2.
  8. The property known as SOY/SOY BLOCK 10 (NAVILLUS)/2496 was omitted in the list of the sub-divisions.
  9. That the property known as SOY/SOY BLOCK 10 (NAVILLUS)/2496 belongs to ELIKANA MACKENZIE OSOTO & JAFRED BULIMO ATIELI.
  10. The person known as HALFORD SHIHUMA MMASI was allocated the sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2464 and not the sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2465 as indicated in the Ruling of 02.07.2025.
  11. The sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2481 allocated to WANJIKU NGANGA & ZUBERI OMARI should only be allocated to WANJIKU NGANGA only.
  12. The sub-division known as SOY/SOY BLOCK 10 (NAVILLUS) /2511 allocated to WILLY KIPLAGAT KEMBOI and BENSON IDIONGO LUGADIRU be allocated to them as the Complaint had not withdrawn his objection.
  13. The Sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2529 was erroneously allocated to RUEBEN LWAKA instead MACLOUD IGADWA ADOLI.
  14. The Sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2458 recorded to be allocated to CLIFFE LEVI while the correct name is WYCLIFFE LEVI AMEKA
  15. The present Application was not opposed by any party and the Court made the followings Orders in its determination; -
  16. THE RULING PRONOUNCED ON 02.07.2025 BE AND IS HEREBY REVIEWED IN THE FOLLOWING MANNER; -
  17. Order No. 2 be and is hereby reviewed to read SOY/SOY BLOCK 10 (NAVILLUS)/818 instead on SOSY/SOY BLOCK 10 (NAVILLUS)/881.
  18. The sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2496 be and is hereby allocated to ELIKANA MACKENZIE OSOTO & JAFRED BULIMO ATIELI.
  19. The sub-division known as SOY/SOY BLOCK 10 9NAVILLUS)/2464 is allocated to HALFORD SHIHUMA MMASI and not the sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2465 as indicated in the Ruling of 02.07.2025.
  20. The sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2481 allocated to WANJIKU NGANGA only INSTEAD WANJIKU NGANGA & ZUBERI OMAR.
  21. The sub-division known as SOY/SOY BLOCK 10 (NAVILLUS) /2511 allocated to WILLY KIPLAGAT KEMBOI and BENSON IDIONGO LUGADIRU.
  22. The Sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2529 be allocated to MACLOUD IGADWA ADOLI and not RUEBEN LWAKA.
  23. The Sub-division known as SOY/SOY BLOCK 10 (NAVILLUS)/2458 be allocated to WYCLIFFE LEVI AMEKA and not CLIFFE LEVI.
  24. THE DEPUTY REGISTRAR, ELC ELDORET BE AND IS HEREBY DIRECTED TO RECTIFY THE DECREE AND INCORPORATE THE AMENDMENTS CONTAINED IN THIS RULING.
  25. THERE WILL BE NO COSTS AWARDED FOR THIS APPLICATION.

DATED, SIGNED & DELIVERED Virtually at ELDORET ELC this 10TH DAY OF NOVEMBER 2025.


IN THE PRESENCE OF:

COURT ASSISTANT: BRIAN

ADVOCATES FOR THE APPLICANT:MR.ODUOR

ADVOCATES FOR THE RESPONDENT:MS.ODUOR, MS.CHEBET H/B FOR MR.OKARA

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Delivered

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