Kombo & 3 others v Siro & 3 others; Joxxela Limited (Interested Party) (Environment & Land Case 2 of 2024) [2025] KEELC 1241 (KLR)
The bottom line
#A Kajiado court struck down land orders made by a court without jurisdiction, but froze the disputed properties to keep things fair until the case is decided.
What this practically means
#Executive summary
#Key legal issues
#Whether orders issued by the Kajiado High Court on 22nd September 2022 should be set aside
The orders were set aside because the High Court had itself determined it lacked jurisdiction, rendering the orders null and void.
The court held that jurisdiction is the bedrock of judicial authority; orders issued without jurisdiction are a nullity. Since the High Court had on 17th January 2023 pronounced itself lacking jurisdiction to entertain the suit, the interim orders issued on 22nd September 2022 could not stand and were set aside ex debito justitiae.
Whether the Court could invoke inherent jurisdiction to preserve the substratum of the suit
Yes - the Court issued an order of status quo preserving the suit properties pending hearing and determination of the suit.
Relying on Sections 1A, 1B and 3A of the Civil Procedure Act and the Court of Appeal's articulation of inherent jurisdiction, the court held that simply setting aside the orders without further intervention would leave the suit properties exposed to misuse and prolong litigation through repeated injunctive applications. Preserving the status quo protected the substratum of the suit and the efficient use of judicial resources.
Legal principles established
#- Orders issued by a court without jurisdiction are a nullity and liable to be set aside ex debito justitiae.
- Inherent jurisdiction allows a court to make orders necessary for the ends of justice and to preserve the substratum of a suit.
Court orders
#- 1.That the Orders issued on 22nd September 2022 are hereby set aside
- 2.That an order of status quo is hereby issued to preserve the suit properties pending the hearing and determination of this suit
- 3.That costs of the application shall be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 3B of the Civil Procedure Act; Order 45 & Order 51 Rule 1 of the Civil Procedure Rules; Article 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kombo & 3 others v Siro & 3 others; Joxxela Limited (Interested Party) (Environment & Land Case 2 of 2024) [2025] KEELC 1241 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1241/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.