Koin & 5 others v Kikonyo & 5 others
The bottom line
#The Environment and Land Court in Narok refused to stop a land adjudication exercise because the objectors could not prove their rights were actually under threat.
What this practically means
#Executive summary
#Key legal issues
#Whether the petitioners established a prima facie case with a probability of success
No prima facie case was established; no violation, infringement or threat to the constitutional right to own property under Article 40 was demonstrated
The court applied the Giella v Cassman Brown principles and the Mrao definition of a prima facie case. The respondents laid out the adjudication process with documentary evidence including the notice of establishment of the adjudication section, appointment of committee members and minutes of public meetings. The petitioners' claims of lack of transparency and non-participation were not substantiated as demonstrating an apparently infringed right calling for explanation or rebuttal.
Whether the petitioners would suffer irreparable loss not compensable by damages
No irreparable loss was demonstrated; the petitioners remain able to query the end product of the demarcation, survey and beaconing exercise
The court found no demonstration of how the petitioners would suffer irreparable loss if the adjudication process continued. The respondents showed the petitioners had been involved at every preceding stage, were listed as land owners, and had avenues to object, including 241 cases determined and appeals to the Arbitration Board under the Land Adjudication Act.
Legal principles established
#- An applicant for an interlocutory injunction bears the onus of satisfying the court, and must show a legal or equitable right requiring protection by injunction
- Under Order 40 rule 1, a temporary injunction may issue where property in dispute is in danger of being wasted, damaged or alienated
Court orders
#- 1.The notice of motion application dated April 26, 2022 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act and Order 40 rules 1 and 51(1) and (3) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koin & 5 others v Kikonyo & 5 others", Case Analysis (2022). Environment & Land Petition E004 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14785/eng@2022-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.