MICHAEL KOSGEI KANDA AND EVANS KIPROP KANDA AND 6 Others VS JOSEPH KIPKOECH CHEMWOR AND THE LAND REGISTRAR-ELGEIYO MARAKWET COUNTY AND 1 Others

'

RULING

1. The Applicant filed an Application dated 18.11.2025 seeking for the file to be transferred to Iten–Environment and Land Court for hearing and determination.
2. The main ground is the land is located in Elgeyo Marakwet and since there is an Environment and Land Court, the file should be transferred there.
3. Consent for the Respondent have objected the basis that this Court has jurisdiction to hear the matter.
4. The Applicants themselves have participated in this proceeding even after the Iten Court was opened.
5. The Applicants even Amended the Originating Summons on the 28.05.2025 and still filed the same in this Court.
6. Consequently, the Applicants were simply trying to adjourn the matter as they are in possession and use of the property as stated in paragraph 5 of the Supporting Affidavit.
7. The Court has perused the file in detail and takes Judicial Notice that the same has been in court since 2016.
8. The Iten Court was opened in the year 2021.
9. It has been four years since the Iten Court was opened but the Applicant continued with this matter in this Court.
10. It is alleged that there was a site visit done by the Applicant Counsel on 31.10.2025 when it was discovered the land is located in Elgeyo Marakwet.
11. With extreme humbleness, this submission is misleading and untrue.
12. The reason the Court says so is that based on a ground visit order on 15.09.2016, the Court and parties identified the land to be in Elgeyo Marakwet. 
13. The location of the land is well known to the parties and there is no doubt about it.
14. Since the fact has been well within the knowledge of the Applicants, they have proceeded to litigate the matter in the present Court.
15. This date was taken by consent with the knowledge of the parties.
16. Consequently, this Application in the Court''s view is to derail the hearing of this matter.
17. This fact is reinstated by the Applicant who states that he is still in occupation and use even after the court ordered them to vacate the place.
18. As such, this Court does have jurisdiction to proceed and hear this matter.
19. The Application to transfer the same to ITEN ELC  is denied and/or dismissed with no orders as to costs.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Nyachiro for the Plaintiffs

Defendant: Mr. Kuta holding brief Ms. Cheruiyot for 2^nd and 3^rd Defendants

  Mr. Wafula for 1^st Defendant

  Mr. Simiyu for 4^th – 11^th Defendants

'