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ELCPartially AllowedNot stated in judgment· [2025] KEELC 2992 (KLR)

Biwott & another v Managing Director, East African Tea Trade Association (Environment & Land Miscellaneous Case E007 of 2025) [2025] KEELC 2992 (KLR)

Environment and Land Court
10 March 2025
GOG M A Ongondo
290 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court paused a circular blocking tea farmers from selling green leaf from Sitoi Tea Estate until the main case is decided.

What this practically means

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Executive summary

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This was an unopposed application dated 3rd February 2025, filed through Korir, Jepleting and Company Advocates, in which the applicants sought two interim orders pending the hearing and determination of ELCLC E006 of 2023; Eastern Produce Kenya Ltd vs Kimaasas Farmers' Cooperative Society and others: first, a stay of the implementation of a circular dated 31st December 2024, and second, a restraining order preventing the respondents from issuing further circulars preventing hawking and purchase of green leaf from Sitoi Tea Estate, plus costs. The applicants contended that the respondents' directions gravely prejudiced members of the 2nd applicant, who largely depend on tea bush farming and the sale of green leaf for their livelihoods. Service of the application on the respondents was proved through affidavits sworn by learned counsel Korir Abdullatif on 18th February 2025 and 5th March 2025, supported by reference to Ogada-vs-Mollin (2009) eKLR. No response was filed. Ongondo J found the application firm, cogent and meritorious and allowed it in full, granting the stay of the 31st December 2024 circular and the restraining order against further anti-hawking circulars, each pending the hearing and determination of the main suit, with costs in the cause. Judgment was delivered at Kapsabet on 10th March 2025.

Key legal issues

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01

Whether the ex parte application for stay and restraining orders was properly before the court and merited

Holding

The court held the application properly served and unopposed, and granted the stay and restraining orders sought.

Reasoning

Counsel for the applicants swore affidavits of service dated 18th February 2025 and 5th March 2025 confirming the respondents were aware of the application, supported by the Ogada-vs-Mollin authority. There was no response filed by the respondents. On that basis, without any contested evidence or argument, the court found the application firm, cogent and meritorious and allowed it in full, with costs in the cause.

p. 2

Legal principles established

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  • Service of an application by affidavit of counsel on the respondents suffices to bring the application to the respondents' attention
  • Where there is no response to an application and the material before the court is firm, cogent, the application may be allowed

Court orders

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  1. 1.An order for stay of the implementation of the circular dated 31st December 2024 pending hearing and determination of ELCLC E006 of 2023; Eastern Produce Kenya Ltd vs Kimaasas Farmers' Cooperative Society and others
  2. 2.A restraining order preventing the respondents from further issuing circulars preventing hawking and purchase of green leaf from Sitoi Tea Estate, pending hearing and determination of ELCLC E006 of 2023
  3. 3.Costs of the application in the cause
Jurisdiction invoked
Not stated in judgment

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, "Biwott & another v Managing Director, East African Tea Trade Association (Environment & Land Miscellaneous Case E007 of 2025) [2025] KEELC 2992 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2992/eng@2025-03-10

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