Hannington Kyengo Munyao & 7 others v Benard Nguyo & 9 others [2018] KEELC 927 (KLR)
The bottom line
#A Kenyan court ruled that a land order cannot be stretched to justify taking over a children's home, and blocked that takeover.
What this practically means
#Executive summary
#Key legal issues
#Grounds for review under Order 45 Rule 1 of the Civil Procedure Rules
The Applicants demonstrated sufficient reason for review/clarification because the Petitioners sought to use the court's order to take over the running of the Children's Home, which the order never mandated
The court restated Order 45 Rule 1: review lies where there is new and important matter or evidence not available despite due diligence, a mistake or error apparent on the face of the record, or any other sufficient reason. The letter dated 30th November, 2017 showed the Petitioners intended to take over the running of the Home from January 2018, a purpose beyond the scope of the order of 23rd November, 2017, which only restrained eviction and preserved use of the suit land. This justified review and clarification of the orders.
Protection of the AIC Kangundo Children's Home from interference pending the Petition
The Petitioners were restrained from taking over or interfering with the running and management of the Home pending hearing and determination of the Petition
The 1st Respondent deponed that the Home is run by a third party, Kenya Kids Organization, and that the Petitioners threatened to interfere with and take over its operations, which would adversely affect the lives of the children under its care. The letter of 30th November, 2017 confirmed the intention to start operating the Home from January 2018. The court therefore extended the injunctive relief to protect the Home's operations.
Legal principles established
#- A court order cannot be used as a mandate to do more than it provides; an injunction restraining eviction and preserving use of land does not authorise a party to take over an institution situated on that land
Court orders
#- 1.The orders of 23rd November, 2017 were reviewed by adding a restraint on the Petitioners from taking over or interfering with the running and management of AIC Kangundo Children's Home located on parcels Kangundo/Muisuni/945 and Kangundo/Muisuni/1009 pending the hearing and determination of the Petition
- 2.Each party to pay his/her costs
- Jurisdiction invoked
- Inherent powers of the court; review under Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hannington Kyengo Munyao & 7 others v Benard Nguyo & 9 others [2018] KEELC 927 (KLR)", Case Analysis (2018). ELC Petition No. 6 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/927/eng@2018-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.