Jesus is Alive Ministries Registered Trustees & 3 others v Kenya Railways Corportation & 3 others [2022] KEELC 1600 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection under Section 87 of the Kenya Railways Corporation Act was merited
Dismissed - failure to give notice was not fatal to the suit
The court relied on Court of Appeal authority in Joseph Nyamamba and decisions of Majanja J and Angote J holding that Section 87(a)'s notice requirement, read against Article 48's guarantee of access to justice, does not defeat a suit where notice was not issued. Following those authorities, the omission was not fatal and the preliminary objection lacked merit.
Whether the Plaintiffs established a prima facie case for a temporary injunction
No prima facie case established
Applying Giella v Cassman Brown and Mrao Ltd, the court found the Plaintiffs' own material showed the wall was being constructed on the 1st Defendant's property, not on a public road, so no legal or equitable right requiring protection was demonstrated, and the balance of convenience favoured the 1st Defendant as property owner.
Whether a mandatory injunction should issue to compel demolition of the wall
Refused - no special circumstances
Relying on Kenya Breweries Ltd v Washington O. Okeyo quoting Locabail International Finance Ltd v Agroexport, the court held that a mandatory injunction on an interlocutory application requires special circumstances and a higher degree of assurance, none of which the Plaintiffs demonstrated.
Legal principles established
#- Failure to issue the 30 days' notice under Section 87(a) of the Kenya Railways Corporation Act is not fatal to a suit, given Article 48 access to justice
- A mandatory injunction will not issue on an interlocutory application absent special circumstances and a clear case
Court orders
#- 1.The preliminary objection dated 24th November 2020 is dismissed
- 2.The Notice of Motion dated 24th September 2020 is dismissed
- 3.Costs to abide the outcome of the main suit
- Jurisdiction invoked
- Order 40 rules 1, 2, 3 and 4 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jesus is Alive Ministries Registered Trustees & 3 others v Kenya Railways Corportation & 3 others [2022] KEELC 1600 (KLR)", Case Analysis (2022). Not stated in judgment (Notice of Motion dated 24th September 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1600/eng@2022-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.