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ELCDismissedNotice of Motion dated 22nd March 2024 (arising from suit transferred from the High Court; underlying decree in ELC 247 of 2019: Paul Mabwa Asila v Nairobi City County)· [2025] KEELC 132 (KLR)

Ndegwa v Asila & another (Environment & Land Case 9 of 2024) [2025] KEELC 132 (KLR)

Environment and Land Court
23 January 2025
3,008 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court refused to freeze a Kshs. 120 million county payment or force interim payment, saying courts only grant such orders in clear, special cases.

What this practically means

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Executive summary

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The Applicant, Jackson Ndegwa, sued following an alleged agreement under which he undertook to facilitate payment to the 1st Respondent of a Kshs. 120,000,000 decretal sum payable by Nairobi City County Government pursuant to a consent judgment in Nairobi ELC 247 of 2019 (Paul Mabwa Asila v Nairobi City County), in exchange for a commission. His Notice of Motion dated 22nd March 2024, transferred from the High Court to the Environment and Land Court, sought a temporary injunction restraining the County from paying the 1st Respondent, a freeze of the 1st Respondent's bank accounts, and an order that the 1st Respondent pay him the contractual sum with interest at 14% daily and damages at a compounded annuity rate of 24%. The 1st Respondent replied that the Applicant had misrepresented himself as a personal friend of the President able to secure payment within 48 hours, that no enforceable agreement existed, and that the letters relied on were created to give a false impression, with the 41.67% figure being monies intended for the President. The Court held that the Motion was in substance an application for a temporary mandatory injunction, grantable interlocutorily only in clear cases and on special circumstances. It found the terms of the alleged agreement unclear, no evidence that payment of the decretal sum was imminent, and an arrangement suggestive of shady dealings requiring further investigation by the Court and the County Government. The Court dismissed the Motion with costs. Interim status quo orders issued on 3rd June 2024 would stand displaced by the dismissal.

Key legal issues

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Whether the Court should grant what is in substance a temporary mandatory injunction compelling the 1st Respondent to pay the Applicant the contractual sum

Holding

The Motion was unmerited; no clear or special circumstances warranted the grant of the orders at the interlocutory stage.

Reasoning

The Court treated the Motion as seeking a temporary mandatory injunction, which is only granted interlocutorily in special circumstances and clear cases. The nature and precise terms of the alleged agreement were unclear; there was no evidence the decretal sum had been or was being paid; and the arrangement for sharing the decretal sum suggested shady dealings requiring more investigation by the Court and the County Government. The imprecise pleadings of the self-represented Applicant compounded the difficulty.

p. 6
02

Significance of clear and well-structured pleadings

Holding

Pleadings are the foundation of a case; imprecise pleadings complicate the definition of issues and disadvantage the party.

Reasoning

Before addressing substance, the Court underscored that pleadings provide clarity and direction on disputed issues, citing the Court of Appeal in JTG Enterprises Ltd v China Gezhouba Group & Another on proper drafting going to the kernel of administration of justice. While self-represented litigants may lack technical drafting skills, parties must strive for coherent pleadings; imprecision here made it difficult to define the issues.

p. 4

Legal principles established

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  • A mandatory injunction can be granted on an interlocutory application but will not normally be granted in the absence of special circumstances, and only in clear cases

Court orders

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  1. 1.The Notice of Motion dated 22nd March 2024 is dismissed with costs
Jurisdiction invoked
Matter transferred to this Court by the High Court on 18th April 2024 for further proceedings, the relief sought being attachment of debts owed by Nairobi City County pursuant to an ELC decree

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, "Ndegwa v Asila & another (Environment & Land Case 9 of 2024) [2025] KEELC 132 (KLR)", Case Analysis (2025). Notice of Motion dated 22nd March 2024 (arising from suit transferred from the High Court; underlying decree in ELC 247 of 2019: Paul Mabwa Asila v Nairobi City County). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/132/eng@2025-01-23

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