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Introduction
1. Vide a ruling delivered on 11th June 2024, this court allowed the 3rd respondent’s application for stay of execution of the judgment of this court delivered on 22nd January, 2024 on condition that the 3rd respondent, who was the applicant in that application would, within 21 days from the date of delivery of the ruling (11th June, 2024) deposit in a joint interest earning account to be opened in the joint names of the advocates for the parties, Kshs. 400,000/= being the Kshs. 200,000/- granted by the court as mesne profit plus an additional Kshs. 200,000/- being security for costs, failing which the application shall automatically stand dismissed with costs to the plaintiff/respondent, among other conditions.
2. Vide a notice of motion dated 22nd July 2025, the plaintiff/applicant has moved the court seeking an order of eviction of the 3rd defendant/respondent from the parcel of land known as Elgeyo Marakwet/Kessup ‘B’ 1704 (suit property) on the grounds that the 3rd defendant/respondent never complied with the orders/directions of the court given on 11th June, 2024 and that he never filed any appeal against the judgment of this court delivered on 22nd January, 2024.
3. The plaintiff/applicant also prays that the OCS Iten Police Station do provide security to the court bailiffs during execution of the eviction order.
4. The application is supported by the affidavit (supporting) of the plaintiff/applicant in which the plaintiff/applicant has reiterated the grounds in support of the application and annexed a copy of the judgment of this court delivered on 22nd January, 2024 and the ruling delivered on 11th June, 2024 in respect of the 3rd respondent’s application for stay of execution.
5. On 23rd September, 2025 when the application came up for hearing, counsel for the plaintiff/applicant informed the court that the application was served on all parties but no response was received from the respondents, particularly the 3rd respondent. He urged the court to allow it since it was unopposed.
6. Counsel for the 1st and the 2nd respondents informed the court that the application does not affect them hence they will not be participating in it.
Analysis and determination
7. The application stems from the judgment of this court delivered on 22nd January, 2024 in which this court determined that the plaintiff had proved his case on a balance of probabilities and entered judgment in favour of the plaintiff/applicant and against the 3rd defendant/ respondent as sought in the plaint. That is to say the court entered judgment against the 3rd defendant/ respondent for:-
a) Cancellation of all the illegal entries and particularly removal of registration of Changwony Kipchobos Cheboi on 17th December 2010, and reversion of the land to Cheboi Chemwetich Cheboi and the Administrator of the Estate of Peter Kangogo Cheptoo and have sole exclusive use of the same;
b) Mesne profits from the time of illegal registration by the defendants till judgment;
c) General damages;
d) Punitive damages;
e) Costs of the suit and interest.
8. Upon delivery of the judgment, the 3rd respondent moved the court for stay of execution of the judgment leading to grant of conditional stay as indicated in paragraph 1 hereinabove.
9. It would appear that the 3rd defendant/ respondent did not comply with the conditions given by the court for stay of execution of the judgment issued in favour of the plaintiff/applicant.
10. Whilst in his plaint the plaintiff/applicant did not expressly seek for an eviction order against the 3rd defendant, he did seek orders which upon being granted, had the effect of rendering the 3rd defendant/ respondent’s continued stay in the suit property inimical to his interest in the suit property. Such orders included cancellation of all the illegal entries and particularly removal of registration of Changwony Kipchobos Cheboi on 17th December, 2010 and reversion of the land to Cheboi Chemwetich Cheboi and the Administrator of the Estate of Peter Kangogo Cheptoo and have sole exclusive use of the same. This court granted those orders, upon being satisfied that the 3rd defendant/respondent acquired interest in the suit property on account of fraud and misrepresentation.
11. The plaintiff/applicant through his counsel on record A.C Ngala, filed an affidavit of service sworn on 22nd day of September, 2025 in which she deposes that she served the 3rd respondent’s counsel with the certificate of urgency dated 22nd July, 2025 and the court’s directions given on 27th July, 2025.
12. There being no basis for disbelieving the averment by the plaintiff/applicant that he served the application on the 3rd defendant/respondent’s counsel who failed to file a response thereto and the averments by the plaintiff/applicant that the 3rd defendant/ respondent did not comply with the conditions given by the court for grant of stay of execution and further having determined that the 3rd defendant’s /respondent’s continued occupation of the suit property is inimical to the plaintiff/applicant’s rights to the suit property, I order and direct the 3rd defendant/ respondent to within 21 days from the date of service of this eviction order on him, to voluntarily vacate the parcel of land known as Elgeyo Marakwet/Kessup “B” 1704, failing which he will be forcefully evicted therefrom.
13. If the 3rd defendant/ respondent does not vacate the suit property within the time herein given, I order and direct the OCS Iten Police Station to provide security to the court bailiffs during eviction of the 3rd defendant/ respondent.
14. I award the costs of the application to the plaintiff/applicant.
15. Orders accordingly.
Dated, signed and delivered at Iten this 29th day of October 2025.
Ruling read virtually in the presence of:
Ms. Ngala for the Plaintiff/Applicant
Ms. Odeyo for the 1st and 2nd Defendant/Respondent
N/A for the 3rd Defendant/Respondent
Court Asst.: Christine
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Introduction
1. Vide a ruling delivered on 11th June 2024, this court allowed the 3rd respondent’s application for stay of execution of the judgment of this court delivered on 22nd January, 2024 on condition that the 3rd respondent, who was the applicant in that application would, within 21 days from the date of delivery of the ruling (11th June, 2024) deposit in a joint interest earning account to be opened in the joint names of the advocates for the parties, Kshs. 400,000/= being the Kshs. 200,000/- granted by the court as mesne profit plus an additional Kshs. 200,000/- being security for costs, failing which the application shall automatically stand dismissed with costs to the plaintiff/respondent, among other conditions.
2. Vide a notice of motion dated 22nd July 2025, the plaintiff/applicant has moved the court seeking an order of eviction of the 3rd defendant/respondent from the parcel of land known as Elgeyo Marakwet/Kessup ‘B’ 1704 (suit property) on the grounds that the 3rd defendant/respondent never complied with the orders/directions of the court given on 11th June, 2024 and that he never filed any appeal against the judgment of this court delivered on 22nd January, 2024.
3. The plaintiff/applicant also prays that the OCS Iten Police Station do provide security to the court bailiffs during execution of the eviction order.
4. The application is supported by the affidavit (supporting) of the plaintiff/applicant in which the plaintiff/applicant has reiterated the grounds in support of the application and annexed a copy of the judgment of this court delivered on 22nd January, 2024 and the ruling delivered on 11th June, 2024 in respect of the 3rd respondent’s application for stay of execution.
5. On 23rd September, 2025 when the application came up for hearing, counsel for the plaintiff/applicant informed the court that the application was served on all parties but no response was received from the respondents, particularly the 3rd respondent. He urged the court to allow it since it was unopposed.
6. Counsel for the 1st and the 2nd respondents informed the court that the application does not affect them hence they will not be participating in it.
Analysis and determination
7. The application stems from the judgment of this court delivered on 22nd January, 2024 in which this court determined that the plaintiff had proved his case on a balance of probabilities and entered judgment in favour of the plaintiff/applicant and against the 3rd defendant/ respondent as sought in the plaint. That is to say the court entered judgment against the 3rd defendant/ respondent for:-
a) Cancellation of all the illegal entries and particularly removal of registration of Changwony Kipchobos Cheboi on 17th December 2010, and reversion of the land to Cheboi Chemwetich Cheboi and the Administrator of the Estate of Peter Kangogo Cheptoo and have sole exclusive use of the same;
b) Mesne profits from the time of illegal registration by the defendants till judgment;
c) General damages;
d) Punitive damages;
e) Costs of the suit and interest.
8. Upon delivery of the judgment, the 3rd respondent moved the court for stay of execution of the judgment leading to grant of conditional stay as indicated in paragraph 1 hereinabove.
9. It would appear that the 3rd defendant/ respondent did not comply with the conditions given by the court for stay of execution of the judgment issued in favour of the plaintiff/applicant.
10. Whilst in his plaint the plaintiff/applicant did not expressly seek for an eviction order against the 3rd defendant, he did seek orders which upon being granted, had the effect of rendering the 3rd defendant/ respondent’s continued stay in the suit property inimical to his interest in the suit property. Such orders included cancellation of all the illegal entries and particularly removal of registration of Changwony Kipchobos Cheboi on 17th December, 2010 and reversion of the land to Cheboi Chemwetich Cheboi and the Administrator of the Estate of Peter Kangogo Cheptoo and have sole exclusive use of the same. This court granted those orders, upon being satisfied that the 3rd defendant/respondent acquired interest in the suit property on account of fraud and misrepresentation.
11. The plaintiff/applicant through his counsel on record A.C Ngala, filed an affidavit of service sworn on 22nd day of September, 2025 in which she deposes that she served the 3rd respondent’s counsel with the certificate of urgency dated 22nd July, 2025 and the court’s directions given on 27th July, 2025.
12. There being no basis for disbelieving the averment by the plaintiff/applicant that he served the application on the 3rd defendant/respondent’s counsel who failed to file a response thereto and the averments by the plaintiff/applicant that the 3rd defendant/ respondent did not comply with the conditions given by the court for grant of stay of execution and further having determined that the 3rd defendant’s /respondent’s continued occupation of the suit property is inimical to the plaintiff/applicant’s rights to the suit property, I order and direct the 3rd defendant/ respondent to within 21 days from the date of service of this eviction order on him, to voluntarily vacate the parcel of land known as Elgeyo Marakwet/Kessup “B” 1704, failing which he will be forcefully evicted therefrom.
13. If the 3rd defendant/ respondent does not vacate the suit property within the time herein given, I order and direct the OCS Iten Police Station to provide security to the court bailiffs during eviction of the 3rd defendant/ respondent.
14. I award the costs of the application to the plaintiff/applicant.
15. Orders accordingly.
Dated, signed and delivered at Iten this 29th day of October 2025.
Ruling read virtually in the presence of:
Ms. Ngala for the Plaintiff/Applicant
Ms. Odeyo for the 1st and 2nd Defendant/Respondent
N/A for the 3rd Defendant/Respondent
Court Asst.: Christine
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