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ELCDismissedNot stated in the judgment as provided· [2021] KEELC 1970 (KLR)

Ngong Sanitary Landfill Enterprises (Acting in the Interest of the Residents of Ngong Slums, Ngong Ward, Kajiado Sub County) v Kajiado County Government & another [2021] KEELC 1970 (KLR)

Environment and Land Court
16 September 2021
COChristine Ochieng
2,756 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Environment and Land Court refused to stop excavation at Ngong dumpsite because the residents' group could not prove it had a legal claim worth protecting at this stage.

What this practically means

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Executive summary

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This was a ruling on the Petitioner's Notice of Motion dated 16th March 2021, brought under the Civil Procedure Act and Rules in an ongoing Petition concerning the Ngong dumpsite in Kajiado County. The Petitioner, a residents' group chaired by Felix Kariuki Githaiga, sought temporary and permanent injunctions to stop the 1st Respondent's excavation and related activities at the dumpsite, contending that a landfill had been allocated at Ngong Veterinary Farm and that the excavation contravened the ESIA recommendations and the residents' right to a clean environment. It also sought a mandatory injunction compelling the 1st Respondent to provide an audited accountability report for funds allocated to the project. The 1st Respondent opposed, arguing no alternative land had been availed, residents settled with knowledge of the dumpsite, the excavation was a waste-management measure benefiting the public, and the orders were vague and unsupported by proof of allocated funds. The court framed two issues: entitlement to a temporary injunction and entitlement to a mandatory injunction for the accountability report. Relying on Giella v Cassman Brown and Mrao Ltd, the court found no prima facie case: the letter to the Minister for Livestock did not evidence allocation of the 20 acres, residents acquired land knowing of the dumpsite, alleged violations had already occurred, and an injunction without an identified relocation site would harm the wider public. Applying Nguruman, the court did not consider the remaining Giella limbs. Applying Kenya Breweries v Washington Okeyo, it held no special circumstances justified the mandatory injunction, the report being producible at the viva voce hearing. The application was dismissed with costs in the cause.

Key legal issues

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01

Prima facie case for temporary injunction

Holding

No prima facie case established

Reasoning

The dumpsite had existed since the 1970s; the letter to the Minister for Livestock did not show allocation of the 20 acres; the ESIA Report's objective was evaluation for a new integrated waste management system; residents acquired land with knowledge of the dumpsite; and the alleged violations had already occurred, so an injunction without an identified relocation site would be detrimental to the public.

p. 3
02

Mandatory injunction for audited accountability report

Holding

Refused; threshold not met

Reasoning

Applying Kenya Breweries Ltd v Washington Okeyo, a mandatory injunction at interlocutory stage requires special circumstances or a clear case. The Petitioner offered no proof of when funds were allocated, and the report can be produced at the viva voce hearing of the Petition.

p. 3

Legal principles established

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  • A mandatory injunction will not normally be granted on an interlocutory application absent special circumstances
  • Where a party fails to establish a prima facie case, the court need not consider the other Giella limbs

Court orders

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  1. 1.Dismissal of the Notice of Motion application dated 16th March, 2021
  2. 2.Costs in the cause
Jurisdiction invoked
Sections 1A, 3A and 63(c) & (e) of the Civil Procedure Act and Order 40 Rules 2(1), 4(1) & (2) and 8, Order 51 Rules 1 & 3 of the Civil Procedure Rules

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, "Ngong Sanitary Landfill Enterprises (Acting in the Interest of the Residents of Ngong Slums, Ngong Ward, Kajiado Sub County) v Kajiado County Government & another [2021] KEELC 1970 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1970/eng@2021-09-16

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