Rono & 9 others v Kenya Forest Service & 4 others (Environment and Land Miscellaneous Application E049 of 2021) [2023] KEELC 535 (KLR)
The bottom line
#A Kenyan court ruled you cannot get a permanent injunction protecting land through a simple application—you must file a full lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Whether a permanent injunction can be granted in a miscellaneous application
No. Miscellaneous applications are not intended to enforce substantive rights against other parties; a Notice of Motion is not an originating process and cannot sustain a permanent injunction
The court traced the meaning of a 'suit' under Section 19 of the Civil Procedure Act and Order 3 Rule 1 of the Civil Procedure Rules, holding suits must be instituted by plaint, petition or originating summons. Relying on Chemjor, Tatecoh, Norah Ndunge Henry and Kalyonge, it held miscellaneous applications are permissible only where no 'action' is being enforced and no rights between parties are to be determined.
Whether the permanent injunction sought should issue against the 1st Respondent
No. A permanent injunction can only be granted upon hearing a suit on its merits, and this application was a miscellaneous application incapable of supporting such an order
The court applied Kenya Power & Lighting Co. Ltd v Sherifi Molana Habib and Bandari Investments, holding permanent injunctions issue after a full hearing on the merits with evidence tendered. The Applicants, seeking to enforce the judgment in Nairobi ELC Suit No. 821 of 2012, were directed that the proper forum for post-judgment enforcement is the court that issued those orders.
Who bears the costs of the application
The Applicants, costs following the event under Section 27 of the Civil Procedure Act
Applying the general rule that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise, the court dismissed the application with costs to the Respondents.
Legal principles established
#- A permanent injunction cannot issue in a miscellaneous application; a party seeking such an order must file a substantive suit
- A permanent injunction is granted only upon full hearing of a suit and fully determines the rights of the parties
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The Applicants' application dated 22nd November 2021 is dismissed with costs to the Respondents
- Jurisdiction invoked
- Sections 1A and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kabaka & 3 others v Ngigi & 2 others (Environment and Land Miscellaneous Case E006 of 2025) [2026] KEELC 921 (KLR)[2026] KEELC 921 (KLR)11 Feb 2026followed
- Keekonyoike Community Trust (Suing through the Duly Appointed Trustees) v Chief Land Registrar & another (Environment and Land Miscellaneous Application E008 of 2025) [2025] KEELC 4710 (KLR)[2025] KEELC 4710 (KLR)25 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Rono & 9 others v Kenya Forest Service & 4 others (Environment and Land Miscellaneous Application E049 of 2021) [2023] KEELC 535 (KLR)", Case Analysis (2023). Miscellaneous Application (Notice of Motion dated 22nd November 2021), Nakuru ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/535/eng@2023-02-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.