Braken Agricultural Limited t/a Gamba Rice Company Limited alias Gamba Company Limited v Tana and Athi Rivers Development Authority (Environment & Land Case E99 of 2024) [2025] KEELC 562 (KLR)
The bottom line
#A Kenyan court protected a farmer's use of 3,122 licensed acres pending trial, but refused to force TARDA to perform every contract duty.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case
Established: the special licence over 3,122 acres was admitted by the respondent, and the licence's inclusion of non-rice activities, reduced acreage and acceptance of rent persuade the court the plaintiff has a prima facie case
The court distinguished the 2014 lease from the 2021 special licence, noting the defendant's own Legal Officer's letter confirmed licences issued to distinct persons and activities differing from rice growing. Combined with initial payment and acceptance of rent, the plaintiff's asserted rights were apparently infringed, meeting the Mrao threshold without conclusively determining validity.
Irreparable loss
Not conclusively established either way due to uncertainty over the licence period and full range of earnings
The court found the capital expenditure provable but held TARDA, a government agency, could likely compensate pecuniary loss; the length of the licence and full earnings potential remain to be interpreted after hearing. Given the uncertainty, the court moved to balance of convenience.
Balance of convenience
Favours granting the injunction: crops and nurseries cannot be hurried, and removal of the plaintiff before determination would waste propagated material
Noting photographs of nurseries and the natural time-bound nature of crop propagation, and apprehensions that the land may be alienated to third parties, the court found the risk of injustice greater if the plaintiff was evicted mid-project before the dispute, including mediation, was resolved.
Mandatory injunctions
Refused; interlocutory mandatory injunctions are exceptional and courts should not police contractual performance
The court held it would be burdened indefinitely if it compelled performance of each contractual duty; parties are presumed aware of their obligations and remedies. The plaintiff's pleadings already signal the alleged breaches, which suffices as a safeguard. Prayers 6 and 7 were therefore unmerited.
Legal principles established
#- A prima facie case for injunction is established where the material shows an apparently infringed right and probability of success at trial
- Irreparable injury is one that cannot be adequately compensated in damages; a prima facie case alone is not sufficient
- Interlocutory mandatory injunctions are granted only in exceptional and clearest cases
Court orders
#- 1.Application dated 13/9/2024 granted in terms of prayer 3 thereof (injunction restraining interference with the licenced area pending determination of the suit)
- 2.The matter subjected to court annexed mediation as an alternative dispute resolution
- 3.Matter placed before the Deputy Registrar for processing for Court Annexed Mediation
- 4.Parties to report to court on 12th May 2025 on the outcome of the mediation process
- Jurisdiction invoked
- Sections 1, 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act and Order 40 Rules 1, 2, 4, 5 and 8 and Order 51 Rules 1 and 3 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Braken Agricultural Limited t/a Gamba Rice Company Limited alias Gamba Company Limited v Tana and Athi Rivers Development Authority (Environment & Land Case E99 of 2024) [2025] KEELC 562 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 13th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/562/eng@2025-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.