Shunkur v Rigogo Chonjo Company Ltd & 3 others (Being former Chairperson, Current Chairperson and former member .respectively, of Chepnyaliliet Self Group) (Environment & Land Case 9 of 1993) [2024] KEELC 3555 (KLR) (11 April 2024) (Ruling)

Summary at a glance

Facts

The Plaintiffs (Shunkur, Joseph Kitur, Samuel Kiplangat, Josephat Ngetich) were ordered to be evicted from their land by the court on November 9, 2023. The Respondents (Rigogo Chonjo Company Ltd and 3 others) sought a stay of these orders, alleging that the Plaintiffs had unlawfully obtained the eviction orders.

Issues

• Whether the court has jurisdiction to hear and determine the application.
• Whether the Plaintiffs are entitled to the prayers sought.

Reasoning

The court considered the application and found that the issue of jurisdictional impediment was raised, despite the absence of opposition. The court dismissed the appeal and the orders were issued in perfection of the court's judgment.

Outcome

Application granted, stay of eviction orders.

Orders

• Stay of execution of the order of November 9, 2023 ordering eviction and demolition of structures.
• Restraining the Plaintiffs and members of Chepnyaliliet Self-help group from the Plaintiffs' parcel of land pending the hearing and determination of the Review application.

Remedies

• Stay of eviction orders.

Authorities cited