John Muthee Ngunjiri & 4 others (Registered trustees for and on behalf of Kenya African National Union Nakuru Branch) v Kenya Power & Lighting Co Ltd & another [2019] KEELC 3111 (KLR)
The bottom line
#A Nakuru court refused to stop an auction of land because it cannot overrule or block High Court orders — plaintiffs targeting the wrong court lose.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to restrain execution of a High Court decree
The court lacks jurisdiction to enquire into or stop orders and decisions made by a High Court judge, being of equal and concurrent status
Article 162(2) confers on the ELC the same status as the High Court, giving its judges concurrent jurisdiction. Relying on Bellevue Development and Ng'ang'a Muiruri v Credit Bank, a judge of concurrent jurisdiction cannot supervise fellow judges; any such decision is a nullity. Since the attachment was made pursuant to High Court orders in HCC No. 14 of 2004 (Milimani), the injunction sought would improperly stop execution of those orders and could not stand.
Prima facie case under Giella
The applicants failed to establish a prima facie case, so the remaining Giella limbs need not be considered
Citing Nguruman Limited v Jan Bonde Nielsen, the three Giella conditions are sequential hurdles; if no prima facie case is established, irreparable injury and balance of convenience fall away. Because the plaintiffs' claim rested on an impermissible attempt to restrain High Court execution, it disclosed no prima facie case and the application necessarily failed at the first stage.
Legal principles established
#- A judge of the Environment and Land Court, being of concurrent jurisdiction with the High Court, cannot supervise, review or restrain the orders and decisions of a High Court judge
- A decision by a court purporting to review decisions of concurrent or superior jurisdiction is a nullity
Court orders
#- 1.Notice of Motion dated 5th June 2018 is dismissed
- 2.Costs of the application awarded to the defendants
- Jurisdiction invoked
- Article 162(2) of the Constitution (court of equal status with the High Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Muthee Ngunjiri & 4 others (Registered trustees for and on behalf of Kenya African National Union Nakuru Branch) v Kenya Power & Lighting Co Ltd & another [2019] KEELC 3111 (KLR)", Case Analysis (2019). Notice of Motion dated 5th June 2018 (suit over Nakuru Municipality/Block 9/31). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3111/eng@2019-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.