(1) On the 6 th day of August 2026, the Notice of Motion dated 3 rd August 2026 which was filed under Certificate of Urgency was certified urgent by this Court. This Court further directed that the Application, the Petition, and the Order of this Court dated 6 th August 2026, be served upon the Respondents not later than the 11 th day of August 2026 and a Return of Service be filed at the earliest opportunity. In addition, this Court directed that the Respondents do file and serve their respective responses in respect to both the Petition and the said Application, not later than the 25 th day of August 2026 and that both sides do file and exchange their respective written Submissions.
(2) In the said Order, this Court appointed this day, the 9 th day of August 2026, for inter-partes hearing of the said Application.
(3) Today, the Advocate representing the Applicant, Mr. Henry Kenei, appeared, but there was no appearance of any of the Respondents. Further, on the CTS platform, this Court found no evidence of any response filed by any of the Respondents.
(4) In the circumstances, Counsel for the Applicant argued oral Submissions including the current status of implementation of the decision of the 1 st Respondent to revoke the Portioner’s title in which he assured the Court that it is yet to be implemented. Subsequently, learned Counsel moved this Court to grant prayers 5 and 6 in the said Notice of Motion.
(5) Having considered the Affidavit of Service sworn by Henry Kenei, Advocate, on the 11 th day of August 2026, this is Court is persuaded that the Respondents were duly served.
(6) This Court is alive to principle that even in circumstance where an Application is undefended or unopposed, it cannot be granted by a Court of law ex debito justitiae, since it must be scrutinized against the prevailing law governing Applications of that nature.
(7) Having subjected the Application to the principles governing temporary stay orders (of decisions of public bodies) including the principles which define the purposes served by such temporary stay orders, and having further addressed my judicial mind to the oral Submissions prosecuted by learned Counsel representing the Applicant, this Court finds the Application merited.
(8) Accordingly, prayers 5 and 6 of the Notice of Motion dated 3 rd August 2026 are granted.
(9) Costs of this Application shall abide by the outcome of the Petition.
(10) Mention on the 2 nd day of November 2026 for Case Management Conference.
Virtually Delivered, Signed and Dated in ELC Eldoret this 9 th day of September 2026
…………….…………
C.N. Ondieki
Judge
In the presence of:
Advocate for the Petitioner/Applicant: Mr. Kenei
1 st Respondent: No Appearance
2 nd Respondent: No Appearance
3 rd Respondent: No Appearance
4 th Respondent: No Appearance
Court Assistants: Ms. Chepkoech and Ms. Juma
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(2) In the said Order, this Court appointed this day, the 9 th day of August 2026, for inter-partes hearing of the said Application.
(3) Today, the Advocate representing the Applicant, Mr. Henry Kenei, appeared, but there was no appearance of any of the Respondents. Further, on the CTS platform, this Court found no evidence of any response filed by any of the Respondents.
(4) In the circumstances, Counsel for the Applicant argued oral Submissions including the current status of implementation of the decision of the 1 st Respondent to revoke the Portioner’s title in which he assured the Court that it is yet to be implemented. Subsequently, learned Counsel moved this Court to grant prayers 5 and 6 in the said Notice of Motion.
(5) Having considered the Affidavit of Service sworn by Henry Kenei, Advocate, on the 11 th day of August 2026, this is Court is persuaded that the Respondents were duly served.
(6) This Court is alive to principle that even in circumstance where an Application is undefended or unopposed, it cannot be granted by a Court of law ex debito justitiae, since it must be scrutinized against the prevailing law governing Applications of that nature.
(7) Having subjected the Application to the principles governing temporary stay orders (of decisions of public bodies) including the principles which define the purposes served by such temporary stay orders, and having further addressed my judicial mind to the oral Submissions prosecuted by learned Counsel representing the Applicant, this Court finds the Application merited.
(8) Accordingly, prayers 5 and 6 of the Notice of Motion dated 3 rd August 2026 are granted.
(9) Costs of this Application shall abide by the outcome of the Petition.
(10) Mention on the 2 nd day of November 2026 for Case Management Conference.
Virtually Delivered, Signed and Dated in ELC Eldoret this 9 th day of September 2026
…………….…………
C.N. Ondieki
Judge
In the presence of:
Advocate for the Petitioner/Applicant: Mr. Kenei
1 st Respondent: No Appearance
2 nd Respondent: No Appearance
3 rd Respondent: No Appearance
4 th Respondent: No Appearance
Court Assistants: Ms. Chepkoech and Ms. Juma
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