Republic v Soy Division Land Disputes Tribunal & 2 others; Rotich (Interested Party) (Environment and Land Miscellaneous Application E048 of 2025) [2026] KEELC 1079 (KLR) (26 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1079
- Citation
- [2026] KEELC 1079 (KLR)
- Decided
- 26 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent filed a Notice of Preliminary Objection (PO) and the Applicant filed a Notice of Motion Application.CoramHON. C. K. YANO
Holding
The Notice of Preliminary Objection dated 27th July, 2025 is a nullity and the suit is struck out for lack of locus standi.
Facts
The Applicant, Kipsongok Rotich, passed away in 2007. The 3rd Respondent filed a Judicial Review Application in 2006, which was granted leave to file a substantive Motion. The Applicant did not file the substantive motion and the suit abated. The Applicant filed a new application in 2025.
Issues
- Whether the 3rd Respondent’s Notice of Preliminary Objection dated 27th July 2025 is a proper PO.
- Whether the Interested Party/Applicant has the requisite locus standi to maintain this suit.
- Whether the suit is barred by virtue of Section 4(4) of the Limitation of Actions Act.
- Who shall bear the costs of this suit?
Reasoning
The court ruled that the Applicant, who passed away in 2007, lacked locus standi and that the suit was time-barred due to the Limitation of Actions Act.
Outcome
The suit is struck out.
Orders
- The Notice of Preliminary Objection dated 27th July, 2025 is dismissed.
- The suit is struck out for lack of locus standi.
- The Interested Party/Applicant shall bear the costs of the suit.
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap. 22 of the Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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