RULING
- The court heard the views of all the advocates.
- However, there is an issue as to which party the suit properties belong to.
- The decision by National Land Commission was stayed thereby leaving the ownership issue pending.
- Consequently, the order issued on 9th April, 2019 and in particular Order 11 be and is hereby discharged
- The proceeding known as Eldoret JR. Application No.4 of 2018 will proceed for hearing and determination first.
- In the meantime, this file and ELC No.369 of 2015 will be stayed pending the hearing and determination of ELD JR No. 4 of 2018.
- The file No. Eldoret JR. No. 4 of 2018 will be mentioned on 17th March, 2025 virtually for direction.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 6TH MARCH 2025.
IN THE PRESENCE OF;
Court Assistant: Brian
Counsel for Plaintiff: Ms. Rotich holding brief Mr. Barasa for 1st Plaintiff
Mr. Mbugua for 4th Plaintiff
No appearance for 2nd and 3rd Plaintiffs
Counsel for Defendant: Mr. Njuguna for 5th Defendant
Ms. Odeyo holding brief Cheruiyot for 2nd, 3rd and 4th Defendants
Mr. Ogongo for 1st Defendant
Ms. Obino for 6th Defendant – no appearance