The Environment and Land Court Judge Sila Munyao and his wife Linda Chepkorir are seeking Sh8.5 million as costs incurred in a land case.
Justice Munyao and his wife want the estate of the late Sally Cherutich, Peter Ondande, Chief Land Registrar, Nakuru District Land Registrar, and the Attorney General to pay the cost.
The judge and his wife were on June 6, 2023, declared owners of a 0.048-hectare prime property in Naka Estate, Nakuru County by Justice Mwangi Njoroge.
The land had been registered under the name of Peter Ondande, who bought the land from a nurse on September 6, 2018.
Justice Njoroge ruled that the plaintiffs' title deed was genuine. He nullified Cherutich's title deed held by her surviving husband, Yego.
Njoroge ordered the land registrar in Nakuru to reconstruct the parcel file and register it in the name of Munyao and his wife.
He also awarded the two Sh2.5 million exemplary damage for mental agony suffered and barred Yego and one Ondande from trespassing, utilizing or selling the land.
Njoroge faulted the land registry for concealing relevant documents, including the presentation books.
Munyao, in his testimony said they went through all the necessary steps to acquire the land and were issued with a certificate of lease on December 2, 2010.
Ondande said he was issued with a lease certificate on September 6, 2018, after he bought the land from Cherutich for Sh2.5 million.
Cherutich in her documents, claimed she obtained the land in 1997 but was issued a certificate of lease in 2018.
The land registry denied that it fraudulently transferred land to Cherutich and later to Ondande and said Munyao's documents were not in their possession.
In their bill of costs filed by lawyer Matiri Mburu, before the Deputy Registrar Land Court, the couple claims a refund for costs incurred between October 15, 2018, to January 31, 2023, amounting to Sh8,555,115.
The two have listed 221 items in the bill lists, including pleadings and affidavits filings, court attendants for mentions, hearings and rulings, and disbursement costs. Among the costs incurred include Sh4.5 million, which they were charged when they instructed their lawyer to institute their case for recovery of land and cancellation of Ondande's title deed.
They also seek Sh1.5 million as getting up fees that are usually calculated at one-third of the instruction fees.
The plaintiffs demand the Sh7,000 they used to service their application to Cherutich and the Sh4,500 used to service their application to Ondande.
"The plaintiffs seek Sh7,000 for service of their application to the Chief Land Registrar in Nairobi and Sh8,000 incurred when they serviced the Attorney General and District Land Registrar," reads the bill of cost. The two seek Sh108,000 for 12 days they attended court during hearings between December 18, 2018, and December 12, 2022.
They further seek Sh30,000 for mention and judgment attendances for ten days between October 7, 2019, and June 6, 2023. So far, no one has responded to the bill of cost.
