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ELCPartially AllowedNot stated in the ruling· [2020] KEELC 3325 (KLR)

Stanley Kailutha & 4 others v Adjudication Officer, Ruuiri/Rwareba Adj Section & 2 others; Justus M’IKiao M’muthuri & 3 others (Interested Parties) [2020] KEELC 3325 (KLR)

Environment and Land Court
12 March 2020
PNP. M. Njoroge
526 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court temporarily protected farmers' occupation of disputed Ruiri/Rwarera land, halting evictions and title issuance pending a full hearing.

What this practically means

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Executive summary

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This is an ex parte interim ruling of the Environment and Land Court at Chuka in a petition concerning land parcel Nos. Ruiri/Rwarera Adjudication Section 750, 752, 815, 831, 2447, 2969, 3999, 5670, 5997 and 6266. The petitioners, through an application dated 9th March 2020 supported by the affidavit of the 1st Petitioner, Stanley Kiautha, sought certification as urgent and temporary injunctions restraining the respondents and interested parties from evicting them, disposing of the suit land, issuing title deeds to the interested parties, or interfering with their peaceful occupation. They asserted that they had occupied and developed the land since the 1970s and that the 1st and 2nd respondents had illegally amended the adjudication records to record the interested parties as owners without involving them. When the application came up for ex parte hearing on 10th March 2020 the applicant was not in court. The court, having perused the pleadings, declined to certify the matter urgent but directed a priority hearing. It granted prayer 2 - a temporary injunction preserving the petitioners' occupation and halting the title issuance process - only until 25th March 2020, when the application was to be heard inter partes at Meru by Hon. Lady Justice Lucy Mbugua, ELC Judge. Service upon the other parties was ordered within 7 days. No costs order was made and no authorities or statutory provisions were cited. The ruling preserves the status quo only pending the inter partes hearing.

Key legal issues

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01

Whether temporary injunctive relief was warranted on an ex parte basis to preserve the status quo over land subject to adjudication

Holding

The court granted a short, time-limited temporary injunction on prayer 2, preserving the petitioners' occupation and halting issuance of title deeds until an inter partes hearing

Reasoning

Having perused the pleadings and affidavit of the 1st Petitioner, the court found it appropriate to preserve the position pending service and an inter partes hearing before the ELC Judge at Meru. The interim orders were expressly limited in duration and the matter was directed for priority hearing rather than certified urgent.

p. 2

Legal principles established

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    Court orders

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    1. 1.Matter NOT certified urgent BUT to be heard on a priority basis
    2. 2.Prayer 2 granted - temporary injunction restraining the respondents and interested parties from evicting, disposing of, continuing with issuance of title deeds over the suit parcels or interfering with the petitioners' occupation - until 25th March 2020
    3. 3.Application to be properly served upon the other parties within 7 days
    4. 4.Inter partes hearing at Meru on 25.3.2020 before Hon. Lady Justice Lucy Mbugua, ELC Judge
    Jurisdiction invoked
    Original petition jurisdiction of the Environment and Land Court; specific provision not stated in the ruling

    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, "Stanley Kailutha & 4 others v Adjudication Officer, Ruuiri/Rwareba Adj Section & 2 others; Justus M’IKiao M’muthuri & 3 others (Interested Parties) [2020] KEELC 3325 (KLR)", Case Analysis (2020). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3325/eng@2020-03-12

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