REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISII
ELCLJR NO. E001 OF 2024
REPUBLIC ………………………………………………………...…………… APPLICANT
VERSUS
LAND REGISTRAR, KISII COUNTY …………………………………. 1ST RESPONDENT
AND
LEONIDA NYABOKE NYAGAKA ………………………………… INTERESTED PARTY
EX PARTE
SAMWEL ONSONGO RWENYI
2. The ex parte applicant contends that this caution was registered fraudulently and he was not notified of the same. He avers that he only came to know of the caution after he had entered into an agreement to sell the land. He states that he has applied for removal of the caution but the respondent has failed to act in accordance with Section 73 of the Land Act, Act No. 6 of 2012, hence the suit.
3. At this point, all I am required to do is consider whether or not to grant the leave sought and I will avoid going to the merits or otherwise of the suit.
4. The ex parte applicant contends that the respondent has abdicated his duties under Section 73 of the Land Act. I will allow him a chance to ventilate his accusations.
5. I therefore grant leave to the ex parte applicant to commence the intended proceedings. The main motion be filed and served within the next 21 days. Upon service, the respondent and interested party have 21 days to file their responses.
6. The costs of this application will be costs in the main motion.
7. Orders accordingly.
DATED AND DELIVERED THIS 22ND DAY OF JULY 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII