Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment (Notice of Motion dated 13th September 2024)· [2025] KEELC 562 (KLR)

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)

Environment and Land Court
12 February 2025
5,078 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

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

#
This is a ruling by the Environment and Land Court at Malindi (Mwangi Njoroge, Judge) on a Notice of Motion dated 13th September 2024 by the plaintiff, Peter Paul Nkonge Kirigua, against TARDA. The motion sought confirmation of interim injunctions restraining TARDA from terminating a special use licence dated 22/12/2021 over 3,122 acres, part of L.R. No. 28026 East of Kibisu Area, Tana River, from alienating or interfering with the plaintiff's enjoyment of the licensed area, compelling continued performance of the licence, referring the parties to court-annexed mediation, and directing police oversight. TARDA opposed, asserting the plaintiff's 2014 lease of 10,000 hectares for rice production had been terminated for non-performance and non-payment, that the licence was void or ancillary to the lease, and that public interest in food security favoured reverting the land to TARDA. Framing the question as whether the interim injunctions should be confirmed, the court applied the Giella v Cassman Brown principles. It found a prima facie case, since TARDA admitted the 2021 licence and its own letter suggested activities distinct from the 2014 lease, acceptance of rent, and reduced acreage. Irreparable loss could not be conclusively determined either way, so the court turned to the balance of convenience, noting the time-bound nature of nurseries and crops and the risk of eviction or alienation before determination. The court granted prayer 3 (injunction pending suit) but refused the mandatory injunctions in prayers 6 and 7, holding that a court should not micromanage contractual performance. The court also directed the parties to court-annexed mediation, to report back on 12th May 2025. No costs order was made.

Key legal issues

#
01

Prima facie case

Holding

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

Reasoning

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.

p. 6
02

Irreparable loss

Holding

Not conclusively established either way due to uncertainty over the licence period and full range of earnings

Reasoning

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.

p. 7
03

Balance of convenience

Holding

Favours granting the injunction: crops and nurseries cannot be hurried, and removal of the plaintiff before determination would waste propagated material

Reasoning

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.

p. 8
04

Mandatory injunctions

Holding

Refused; interlocutory mandatory injunctions are exceptional and courts should not police contractual performance

Reasoning

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.

p. 9

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. 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. 2.The matter subjected to court annexed mediation as an alternative dispute resolution
  3. 3.Matter placed before the Deputy Registrar for processing for Court Annexed Mediation
  4. 4.Parties to report to court on 12th May 2025 on the outcome of the mediation process

Authorities

#

Legislation

  • Civil Procedure ActSections 1, 1A, 1B, 3, 3A and 63(e)
  • Civil Procedure Rules 2010Order 40 Rules 1, 2, 4, 5 and 8; Order 51 Rules 1 and 3
  • Land ActSection 23(1)(b)
  • Constitution of KenyaArticle 47

Cases cited (7)

  • Giella Versus Cassman Brown
    (1973) EA 358
  • Mrao Ltd. V. First American Bank of Kenya Ltd & 2 others
    [2003] KLR 125
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    [2018] eKLR
  • Amir Suleiman v Amboseli Resort Limited
    [2004] eKLR
  • Paul Gitonga Wanjau v Gathuthi Tea Factory Company Ltd & 2 others
    [2016] eKLR
  • Reliable Electrical Engineers (K) Ltd v Mantrac Kenya Limited
    [2006] KEHC 2855 (KLR)
  • Films Rover International
    [1986] 3 All E.R. 772
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.