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ELCDismissedJudicial Review Application (substantive notice of motion dated 28/2/2022); interlocutory application dated 20/12/2024· [2025] KEELC 365 (KLR)

Republic v Rift Valley Provincial Land Disputes Appeals Committee & another; Apollo & 2 others (Interested Parties); Esther Kiberenge a.k.a Esther Nasambu & 2 others (Exparte Applicants) (Environment and Land Miscellaneous Application 1 of 2022) [2025] KEELC 365 (KLR)

Environment and Land Court
5 February 2025
1,598 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitale dismissed an injunction bid because an interested party in judicial review proceedings cannot bring fresh claims without proving ownership.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) determines an application dated 20/12/2024 by the 3rd interested party, Samson Shangu Waswa, seeking a temporary injunction against the 1st interested party, Edoan Wanyonyi Apollo, restraining him from interfering with plot No. 49 Maeni Farm by extracting or harvesting stones or wasting it. The application was lodged within pending judicial review proceedings in which the exparte applicant had obtained leave on 9/2/2022 to file a substantive notice of motion dated 28/2/2022 for certiorari and prohibition against a decision of the Appeals Committee adopted in Kitale CMCC Land Case No. 42 of 2008 ordering eviction from 6 acres of the plot; that substantive motion remains undetermined. The 1st interested party opposed, asserting ownership via the area list, confirmation through Appeal No. 9 of 2009 and eviction orders, and a County Surveyor's report of occupation of 4.79 acres. The court held that an interested party cannot frame fresh issues for determination, the main reliefs being those sought by the principal parties, and that even a substantive claimant must still establish a prima facie case with probability of success, irreparable damage and balance of convenience. The 3rd interested party produced no evidence of any known, defined or recorded proprietary interest in the plot. The court dismissed the application with costs on 5 February 2025, delivering the ruling via Microsoft Teams/Open Court.

Key legal issues

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01

Whether an interested party can bring a separate interlocutory application for injunction against co-interested parties in judicial review proceedings

Holding

No. The main reliefs are those sought by the exparte applicant against the respondents; an interested party cannot frame separate issues, and even if a substantive claim existed, the injunction conditions must still be met.

Reasoning

Relying on Muruatetu, Methodist Church of Kenya, and related authority, the court held that interested parties are remote or indirect stakeholders who cannot introduce new issues. The 3rd interested party never filed substantive relief against the co-interested parties, so his injunction application was procedurally misplaced and had to satisfy the Giella conditions regardless.

p. 3
02

Whether the 3rd interested party demonstrated a prima facie case over plot No. 49 Maeni Farm

Holding

No. The applicant produced no evidence of any defined or recorded proprietary interest in the plot, failing the threshold set in Mrao Ltd and Nguruman.

Reasoning

The 1st interested party asserted ownership via the area list, confirmation through Appeal No. 9 of 2009 and eviction orders in Kitale CMCLC No. 42 of 2008, and occupation of 4.79 acres per the County Surveyor's report. The applicant's material disclosed no known, defined or recorded proprietary right, so the application lacked merit and was dismissed with costs.

p. 4

Legal principles established

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  • An interested party may not frame fresh or separate issues for determination; the issues remain those raised by the principal parties or framed by the court from their pleadings and submissions
  • An applicant for a temporary injunction must establish a prima facie case with a probability of success, irreparable damage and balance of convenience, sequentially and logically

Court orders

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  1. 1.The 3rd interested party's application dated 20/12/2024 seeking a temporary injunction is dismissed
  2. 2.Costs of the application awarded to the 1st interested party

Authorities

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Legislation

  • Constitution of KenyaSection 165(6)
  • Land Disputes ActSection 3(1)

Cases cited (11)

  • Muruatetu Francis -vs.- A.G.
  • Osugo Paul Kamombi -vs.- Britam General Insurance Co. (K) Ltd
    [2021] eKLR
  • Departed Asians Property Custodian Board -vs.- Jafier Brothers Ltd
    [1999] IEA
  • C.C.K. & Others -vs.- Royal Media Services Ltd & Others
    [2014] eKLR
  • Methodist Church of Kenya -vs.- Mohammed Fugicha & Others
    [2019] eKLR
  • Republic -vs.- Public Procurement Administration Review Board: Rhombus Construction Co. Ltd (IP) Exparte K.P.A. & Others
    [2021] eKLR
  • Mumo Matemu -vs.- Trusted Society of Human Rights Alliance & Others
    Civil Appeal No. 290 of 2012
  • Mrao Ltd -vs.- First American Bank of Kenya Ltd & Others
    [2003] KLR 125
  • Pius Kipchirchir Kogo -vs.- Frank Kimeli Tenai
    [2018] eKLR
  • Kenya Commercial Finance Co. Ltd -vs.- Afraha Education Society
    [2001] Vol. 1 EA 86
  • Nguruman Ltd -vs.- Jan Bonde Nielsen & Others
    Civil Appeal No. 17 of 2012
Jurisdiction invoked
Section 165(6) of the Constitution (judicial review relief of certiorari and prohibition)

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, "Republic v Rift Valley Provincial Land Disputes Appeals Committee & another; Apollo & 2 others (Interested Parties); Esther Kiberenge a.k.a Esther Nasambu & 2 others (Exparte Applicants) (Environment and Land Miscellaneous Application 1 of 2022) [2025] KEELC 365 (KLR)", Case Analysis (2025). Judicial Review Application (substantive notice of motion dated 28/2/2022); interlocutory application dated 20/12/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/365/eng@2025-02-05

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