Freedom Limited v County Government of Kilifi & another [2021] KEELC 4608 (KLR)
The bottom line
#A county cess collection contractor cannot keep demanding payments or clamping equipment once the county government itself has agreed to stop collecting from you.
What this practically means
#Executive summary
#Key legal issues
#Whether an agent contracted to collect county cess may continue collection after the principal has abandoned the claim
No. The 2nd Defendant's authority derived entirely from the 1st Defendant; once the County Government consented not to demand cess from the Plaintiff, the agent's continued enforcement had no legal basis.
The court noted the 2nd Defendant admitted it was merely contracted by the County Government to collect cess. Having recorded a consent with the Plaintiff not to demand cess, the principal could not be contradicted by its own agent. The court found no contractual or statutory provision permitting the agent to levy cess independently, likening its insistence to a stranger weeping louder than the bereaved at a funeral.
Whether the Plaintiff was entitled to an interlocutory injunction
Yes. Entry and clamping of the Plaintiff's vehicles and equipment on admitted private property was invasion entitling the Plaintiff to injunctive protection.
It was undisputed that the suit property belonged to the Plaintiff and that construction of a perimeter wall and pathways was under way. The 2nd Defendant admitted entering the property and clamping vehicles and earth-moving equipment, so the Plaintiff would suffer loss and damage, justifying an injunction to protect its property from invasion pending trial.
Legal principles established
#- A collection agent cannot enforce a levy where its principal, the levying authority, has resolved to discontinue enforcement against the party concerned.
Court orders
#- 1.Injunction restraining the Defendants from entering the Plaintiff's premises, trespass, demanding cess payment, clamping motor vehicles, equipment and machinery, harassing the Plaintiff's work force, impeding developments or disrupting the Plaintiff's quiet enjoyment of Plot No. 1948/MN/V (now No. 2028 MN/V) at Mazeras, Kilifi County, pending the hearing and determination of the suit
- 2.Costs of the Motion to be in the cause
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court to grant interlocutory injunctions pending hearing of the suit (Civil Procedure Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Freedom Limited v County Government of Kilifi & another [2021] KEELC 4608 (KLR)", Case Analysis (2021). Notice of Motion dated 22nd August 2019 (suit at Malindi Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4608/eng@2021-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.