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ELCPartially AllowedNot stated in the judgment (application dated 28th May, 2020)· [2020] KEELC 2471 (KLR)

Frankline Japhet Njiru v Kenya Urban Roads Authority (Kura), Administrator Chuka Township, County Government of Tharaka Nithi, Hyper Constructions & Equipment Company Limited,Rachael Njeri Ndoho & Attorney General (Environment & Land Case 2 of 2020) [2020] KEELC 2471 (KLR)

Not expressly stated in the judgment (delivered in open Court at Chuka)
22 May 2020
PNP. M. Njoroge
1,435 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Chuka court temporarily stopped construction of 'Moi Girls Road' where it affects a private plot, pending a fuller hearing.

What this practically means

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Executive summary

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This is an interlocutory ex parte ruling delivered by P. M. Njoroge J at Chuka on 22nd May, 2020. The applicant, Franklin Japhet Njiru, owner of Plot No.26 B Chuka Township measuring 20 feet by 120 feet, sought urgent orders under certificate of urgency. He deponed that on 18th February 2020 an agent of the 1st respondent issued a notice to demolish a 20 feet by 20 feet portion of his plot on the ground that it lay within the road reserve for the proposed 'Moi Girls Road', and that on 4th April 2020 the 4th and 5th respondents, at the 1st respondent's instance, demolished and destroyed that portion, with the loss assessed by Roma Valuers at Ksh 2,893,170. He contended that the plot is not on any road reserve, that an 11-metre road space exists which the respondents ignored, and that no compensation was paid. He sought interim injunctions restraining the respondents from constructing the road in so far as it affects his plot, an order that the district surveyor establish the plot's boundaries vis-à-vis 'Moi Girls Road', service on the OCS Chuka Police Station, and costs. The court certified the matter urgent and, at the interlocutory stage, granted prayers 2 and 5, namely the exparte interim injunction and service on the OCS for compliance, and fixed the interpartes hearing for 2nd June, 2020. No costs order was made; the survey order was not granted at this stage.

Key legal issues

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01

Whether interim injunctive relief should issue restraining construction of 'Moi Girls Road' affecting Plot No.26 B Chuka Township

Holding

The court granted prayer 2 on an exparte basis, restraining the respondents from constructing the road in so far as it affects Plot No.26 B pending the interpartes hearing

Reasoning

The applicant deponed that he owns Plot No.26 B, that he has paid land rates, that the 1st respondent claims a 20 by 20 feet portion is on the road reserve, and that the 4th and 5th respondents demolished that portion at the 1st respondent's instance on 4th April 2020, causing loss assessed at Ksh 2,893,170. The court found the matter urgent and granted the interim restraint exparte, deferring the full determination to the interpartes hearing.

p. 3

Legal principles established

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  • At the interlocutory stage, an interim injunction may issue exparte restraining construction affecting disputed plot boundaries pending the interpartes hearing

Court orders

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  1. 1.Matter certified urgent
  2. 2.Prayer 2 granted (interim injunction restraining the respondents from constructing 'Moi Girls Road' or any other road within Chuka Township affecting Plot No.26 B Chuka Township pending interpartes hearing)
  3. 3.Prayer 5 granted (orders to be served upon the OCS Chuka Police Station for compliance)
  4. 4.Interpartes hearing set for 2nd June, 2020
Jurisdiction invoked
Not expressly stated; the application is brought 'under certificate of urgency' seeking interlocutory injunctive relief

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Frankline Japhet Njiru v Kenya Urban Roads Authority (Kura), Administrator Chuka Township, County Government of Tharaka Nithi, Hyper Constructions & Equipment Company Limited,Rachael Njeri Ndoho & Attorney General (Environment & Land Case 2 of 2020) [2020] KEELC 2471 (KLR)", Case Analysis (2020). Not stated in the judgment (application dated 28th May, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2471/eng@2020-05-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.