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ELCAllowedELC No. E013 OF 2024· [2025] KEELC 435 (KLR)
Rop v Ng’eny alias Kimaiyo arap Ng’eny Mzee arap Ruto (Enviromental and Land Originating Summons E014 of 2024) [2025] KEELC 435 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court at Kapsabet preserved a buyer's 1-acre occupation of disputed land, ordering status quo, police security and costs.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Kapsabet (G. M. A Ongondo, J) determined a Notice of Motion dated 5th December 2025 by the plaintiff/applicant, Geoffrey Kiplagat Rop, in ELC No. E013 of 2024. The applicant sought temporary orders of injunction and/or maintenance of status quo over the suit land, Nandi/Kapkures/217, registered in the name of the 1st defendant, asserting that he purchased 1.0 acres from the 1st defendant on 21st September 2021, took possession, planted maize and eucalyptus trees, and that the defendants destroyed his crops and chased him away. He further sought police security from the OCS Koitabut Police Station during implementation of the orders, plus costs. The defendants were duly served as shown in an affidavit of service sworn on 4th February 2025 by process server Robinson O. Getange, and did not appear. Counsel, Mr Moses Rotich, urged prayers 4, 5 and 6. The court applied Order 40 of the Civil Procedure Rules 2010 and Giella v Cassman Brown, and noted per Hutchings Biemer that injunctive orders preserve property and maintain status quo. Relying on section 13 of the Environment and Land Court Act, the court found it had mandate to grant interim preservation orders, found the application meritorious, and allowed it in full in terms of maintenance of status quo, provision of security and costs. The ruling is dated and delivered at Kapsabet on 5th February 2025.
Key legal issues
#01
Whether an interlocutory injunction/status quo order should issue over the suit land Nandi/Kapkures/217
Holding
The application was found meritorious and allowed in terms of maintenance of status quo, provision of security and costs.
Reasoning
Guided by Order 40 of the Civil Procedure Rules 2010 and Giella v Cassman Brown on the conditions for injunctions, and noting that injunctive orders preserve property and maintain status quo per Hutchings Biemer, the court held it has mandate under section 13 of the ELC Act to grant interim preservation orders, and found the application steadfast and meritorious.
p. 2
Legal principles established
#- This court has the mandate to grant interim preservation orders including injunctions and maintenance of status quo under section 13 of the Environment and Land Court Act, 2015.
- Injunctive orders are meant to preserve property and maintain status quo.
Court orders
#- 1.Maintenance of status quo on the suit land Nandi/Kapkures/217 pending hearing and determination of the suit, the applicant being in gainful possession and occupation of a portion measuring 1.0 acres
- 2.The OCS Koitabut Police Station to provide security during the implementation of the orders to prevent miscarriage of justice, law and order
- 3.Costs provided in favour of the applicant
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act, 2015; Order 40 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rop v Ng’eny alias Kimaiyo arap Ng’eny Mzee arap Ruto (Enviromental and Land Originating Summons E014 of 2024) [2025] KEELC 435 (KLR)", Case Analysis (2025). ELC No. E013 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/435/eng@2025-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.