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ELCAllowedNot stated in judgment· [2024] KEELC 5752 (KLR)

Kenyansa v Naftal Kenyansa Onchieku (Environment & Land Case 41 of 2021) [2024] KEELC 5752 (KLR)

Environment and Land Court
10 July 2024
MKMUGO KAMAU
261 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court blocked people from entering or building on two Gesima Settlement Scheme plots until the ownership dispute is fully heard.

What this practically means

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Executive summary

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The Applicants moved the Environment and Land Court at Nyamira by Notice of Motion dated 13/5/2024 seeking a temporary injunction restraining the Defendants and anyone claiming through their title from entering, trespassing on, constructing on or wasting GESIMA SETTLEMENT SCHEME/1461 and 1462 pending the hearing and determination of the suit, with supervision of the orders by the Officer Commanding Manga Police Station. The Applicants grounded the application on their registration as owners of the two parcels, said to be sub-divisions of GESIMA SETTLEMENT SCHEME/456 transmitted to them upon the death of their father, Naftal Kenyansa Onchieku, on 15/8/2022. The Defendants, through the Replying Affidavit of Evans Oresi Kenyansa, asserted that they purchased the two parcels from the late Naftal Kenyansa Onchieku, and denied that any construction or excavation was ongoing or that they had trespassed, contending the Applicants could not attest to the position on the ground since they did not reside there. Mugo Kamau J delivered a two-paragraph ruling on 10 July 2024. Without setting out the Giella test or any reasons, the court held that there being no objection to the application, it was granted as prayed: a temporary injunction issued pending hearing and determination of the suit, with police supervision. No costs order was recorded.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.Application dated 13/5/2024 granted as prayed
    2. 2.Temporary injunction restraining the Defendants and/or anyone going by their Title from entering, trespassing or constructing on and/or wasting GESIMA SETTLEMENT SCHEME/1461 and 1462 pending the hearing and determination of the suit
    3. 3.Orders to be supervised by the Officer Commanding Manga Police Station
    Jurisdiction invoked
    Inherent jurisdiction to grant interlocutory injunctive relief pending hearing and determination of the suit

    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, "Kenyansa v Naftal Kenyansa Onchieku (Environment & Land Case 41 of 2021) [2024] KEELC 5752 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5752/eng@2024-07-10

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