REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAPSABET
MISC CIVIL APPLICATION NO EOO5 ……OF 2023.
JOSEPH KIPTOO BARNGETUNY…………………….1ST APPLICANT/RESPONDENT.
PHILIP BARNGETUNY …..…………………………2ND .APPLICANT/RESPONDENT
VERSUS
JOHN KIPIONY BETT …….…………………………………………..…RESPONDENT
NOTICE OF MOTION
SECTION 3 (1) & (2) OF THE HIGH COURT PRACTICE AND PROCEDURE
VACATION RULES UNDER THE JUDICATURE ACT
AND
ALL OTHER ENABLING PROVISIONS OF THE LAW.
LET ALL THE PARTIES concerned attend the Judge in chambers on the........................... Day
of ..................................... 2024 at 8.30 O’clock in the forenoon or so soon thereafter as the
counsel for the applicant shall be heard on the application for ORDERS:-
1. That service of this application be dispensed with in the first instance,
and the application herein be certified urgent and be heard on priority.
2. THAT leave be granted to the applicant to be heard over the application filed herein
during the vacation period.
3. THAT costs be in the cause.
AND WHICH APPLICATION is made on the following GROUNDS:-
a) THAT the applicant filed an application on 19 TH DECEMBER 2023 however, the court
was on leave and thereafter the vacation period commenced.
b) THAT the High Court vacation has already started
c) THAT the application cannot be heard nor given a hearing date without leave of the
court.
d) THAT the applicants are likely to face execution anytime land and unless the
application dated 18TH DECEMBER 2023 set down for hearing..
e) THAT for the interest of Justice the application be allowed so as the application dated
18th December 2023 can be heard during the vacation.
AND WHICH APPLICATION is further supported by the annexed affidavit of ELIJAH
AYIEKO and other reasons that may be adduced at the hearing hereof.
DATED at ELDORET this........................ Day of .............................................................2024
……………………………………………………………..
M/S SENETI OBURU &
ADVOCATES FOR THE APPLICANT
DRAWN AND FILED BY
SENETI OBURU & ASSOCIATES
ADVOCATES,
BARNG’ETUNY PLAZA, 1ST Floor,
P.O. Box 8890 -30100,
ELDORET
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAPSABET
MISC CIVIL APPLICATION NO EOO5 ……OF 2023.
JOSEPH KIPTOO BARNGETUNY…………………….1ST APPLICANT/RESPONDENT.
PHILIP BARNGETUNY …..…………………………2ND .APPLICANT/RESPONDENT
VERSUS
JOHN KIPIONY BETT …….…………………………………………..…RESPONDENT
SUPPORTING AFFIDAVIT
I ELIJAH AYEIKO of P.O BOX 1544 ELDORET in the Republic of Kenya do hereby make
oath and state as follows:-
1. THAT I am an adult male of sound and capable to make oath.
2. THAT I am the representing the applicants herein.
3. THAT the Honorable court has already started vacation.
4. THAT the application for stay cannot be heard during the vacation without leave of the
Honorable court.
5. THAT the respondents have obtained eviction order in preparation for execution any
time soon.
6. THAT there likely that the applicants herein being evicted any time from now.
7. THAT if the application is not heard during vacation and stay orders of execution not
granted our pending appeal shall be rendered nugatory.
8. THAT it is only fair and just that we should be accorded that opportunity to exercise our
constitutional rights.
9. THAT the application is filed without undue delay.
10. THAT I pray that this application be allowed for the interest of Justice as prayed
11. THAT the facts deponed to herein are true and correct to the best of my personal
knowledge, information and belief.
SWORN at ELDORET this ……….……….….. Day of …….……….......…………...…
2023.
BY THE SAID:
ELIJAH AYIEKO ……………………………….
DEPONENT
BEFORE ME:
COMMISSIONER FOR OATHS.
DRAWN AND FILED BY
SENETI OBURU & ASSOCIATES
ADVOCATES,
BARNG’ETUNY PLAZA, 1ST Floor,
P.O. Box 8890 -30100,
ELDORET
