Kimando & 6 others (Suing as officials of Croton Ridge Gardens Residents Association) v Mwaura; County Government of Kiambu & 3 others (Interested Parties) (Environment and Land Appeal E052 of 2024) [2024] KEELC 6690 (KLR)

The court applied the Mukisa Biscuit tests: a preliminary objection must raise a pure point of law, argued on assumed pleaded facts, and cannot succeed if facts must be ascertained. Determining whether the Liaison Committee or NET had jurisdiction required interrogating the impugned ruling, the rival cases and evidence in the trial court. Upholding the objection would also oust the Applicants from the seat of justice contrary to their fair-hearing rights.

The Respondent did not oppose or controvert the Applicants' evidence that she was a member of a gated community undertaking construction without requisite approvals contrary to the Association's bylaws. That established a prima facie case; the harm to the planned environment of the estate could not be adequately compensated by costs; and the balance of convenience favoured an injunction to preserve the subject matter of the appeal.

Applying Order 42 rule 6 and Butt v Rent Restriction Tribunal, the court noted the application was filed six days after the impugned ruling, the substantial-loss claim was unopposed, and costs could be paid upon determination of the appeal if the appellate court so ordered. Although no security had been offered, the court could order it if warranted; the prayer was allowed.