Muiruri & 2 others v Baruthi & 2 others (Environment & Land Petition E006 of 2023 & Environment & Land Case E043 of 2024 (Consolidated)) [2025] KEELC 3429 (KLR)
The bottom line
#Seven market stall holders in Thika won court protection stopping a claimed landowner and Kiambu County from demolishing or selling their property while the main case continues.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established a prima facie case
Yes - the allotment letters and payment receipts showed a genuine and arguable case with a right apparently infringed
The Applicants produced letters of allotment from the defunct Municipal Council of Thika allocating market stalls, together with receipts for ground rent and land rates paid to Kiambu County Government over two decades. Applying the Mrao definition of a prima facie case, the court found the Applicants had demonstrated a right apparently infringed by the Respondents, who had neither challenged the allotment letters nor revoked them before claiming title through the 1st Respondent.
Whether the Applicants would suffer irreparable harm not compensable by damages
Yes - apprehended further demolitions, forcible occupation and interference would cause irreparable harm
The Applicants produced photographs of demolitions carried out on the suit property and expressed apprehension of further demolitions, forceful occupation and tampering with land registry records. The court agreed that if the Respondents were allowed to commit these acts, the Applicants would suffer harm beyond monetary compensation, engaging their Article 40 right to property.
Whether the balance of convenience favoured preserving the suit property
Yes - the balance of convenience favoured preservation pending hearing
The court found that preserving the suit property pending the hearing and determination of the Petition favoured the Applicants, who faced continued demolition and development activities, while granting the orders did not prejudice the Respondents' underlying claim to be determined at trial. The court therefore found the application met both the Giella injunction threshold and the threshold for conservatory orders.
Legal principles established
#- The three Giella conditions are separate, distinct and sequential hurdles which an applicant must surmount in order
- Allotment letters allocating market stalls, coupled with compliance with conditions including payment of ground rent, can found a prima facie case for interlocutory relief
Court orders
#- 1.A temporary injunction restraining the 1st Respondent, his servants, employees, agents or any person working under their instructions from trespassing on, advertising for sale, selling, transferring, alienating, disposing of, interfering with, erecting structures on or dealing with the suit property registered as Thika Municipality/Block 11/863 pending the hearing and determination of the Petition
- 2.A conservatory order restraining the 2nd and 3rd Respondents from trespassing on, selling, transferring, alienating, disposing of, interfering with, erecting structures on or dealing with the suit property pending the hearing and determination of the Petition
- 3.The Officer Commanding Thika Police Station to enforce Orders 1, 2, 3 and 4 above
- 4.Costs of the application shall be in the cause
- Jurisdiction invoked
- Articles 10, 23, 27, 40, 48, 60, 165(6) and 259 of the Constitution of Kenya, 2010; Rule 24(1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013; Sections 1A, 1B, 63(e) and 3A of the Civil Procedure Act; Orders 40 and 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muiruri & 2 others v Baruthi & 2 others (Environment & Land Petition E006 of 2023 & Environment & Land Case E043 of 2024 (Consolidated)) [2025] KEELC 3429 (KLR)", Case Analysis (2025). Petition filed 11th December 2023 (Notice of Motion dated 11th December 2023, amended 7th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3429/eng@2025-04-30
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