RULING
1. The property in issue is one that belonged to the estate of Grace Wairimu Kamau whose Succession is being undertaken in Eldoret Succession Cause No.123 of 2014.
2. The Plaintiff and 1st Defendant who are the administrators of the estate of Grace Wairimu Kamau confirm that the suit property was listed as one of the assets of the deceased.
3. In the Courts’ view, this asset is currently being administered by the Succession Court.
4. In light of this, this Court directs that this file be placed before the Judge handling the Succession Cause for his/her consideration.
5. In the event the Judge handling the Succession Cause is of the view that the dispute relates to the Environment and Land Court, a formal ruling should be given by the Succession Court to allow the Court adjudicate on the dispute that is outside the Succession proceedings.
6. The matter is therefore transferred to the Eldoret High Court for further direction.
7. The matter will be mentioned on 12.03.2026 before the Presiding Judge for further directions.
8. The Deputy Registrar Environment and Land Court is directed to ensure the file is transmitted to the High Court within seven (7) days from today’s date.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Mwanzia holding brief for Ms. Ateka for the Plaintiff/Applicant
Defendant: Ms. Odeyo for the 2nd and 4th Defendant/Respondent
| ELC.LC E029 of 2026 RULING2 |