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ELCAllowedPetition filed 11th December 2023 (Notice of Motion dated 11th December 2023, amended 7th March 2024)· [2025] KEELC 3429 (KLR)

Muiruri & 2 others v Baruthi & 2 others (Environment & Land Petition E006 of 2023 & Environment & Land Case E043 of 2024 (Consolidated)) [2025] KEELC 3429 (KLR)

Environment and Land Court
30 April 2025
4,281 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Environment and Land Court at Thika on a Notice of Motion dated 11th December 2023, amended 7th March 2024, brought by seven Petitioners/Applicants led by Daniel Kinyanjui Muiruri in a petition invoking Articles 10, 23, 27, 40, 48, 60, 165(6) and 259 of the Constitution. The Applicants sought an injunction against the 1st Respondent and conservatory orders against the 2nd and 3rd Respondents restraining dealings with land formerly referenced as Jamuhuri Market Stalls and now registered as Thika Municipality/Block 11/863, pending the hearing of the Petition. They relied on letters of allotment issued by the defunct Municipal Council of Thika between 1994 and 2006, receipts for ground rent and land rates, and alleged a fraudulent title acquisition by the 1st Respondent and a demolition raid of 6th December 2023 affecting about 1,500 families. The 1st Respondent opposed, arguing the stall allotments did not amount to allocation of land, that the stalls were opposite his parcel, that prior suits existed, and that the demolitions followed due process on his own land. Applying Giella v Cassman Brown and Nguruman, the court found the allotment letters and payment receipts disclosed a prima facie case; that apprehended further demolitions and interference would cause irreparable harm; and that the balance of convenience favoured preservation. The court allowed the application, issuing a temporary injunction against the 1st Respondent and a conservatory order against the 2nd and 3rd Respondents, directed the Officer Commanding Thika Police Station to enforce the orders, and made costs in the cause. Judgment delivered at Thika on 30th April 2025 by J. M Onyango, Judge.

Key legal issues

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01

Whether the Applicants established a prima facie case

Holding

Yes - the allotment letters and payment receipts showed a genuine and arguable case with a right apparently infringed

Reasoning

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.

p. 8
02

Whether the Applicants would suffer irreparable harm not compensable by damages

Holding

Yes - apprehended further demolitions, forcible occupation and interference would cause irreparable harm

Reasoning

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.

p. 8
03

Whether the balance of convenience favoured preserving the suit property

Holding

Yes - the balance of convenience favoured preservation pending hearing

Reasoning

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.

p. 8

Legal principles established

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  • 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

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  1. 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. 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. 3.The Officer Commanding Thika Police Station to enforce Orders 1, 2, 3 and 4 above
  4. 4.Costs of the application shall be in the cause

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10, 23, 27, 40, 48, 60, 165(6), 259
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013Rule 24(1)
  • Civil Procedure ActSections 1A, 1B, 63(e), 3A
  • Civil Procedure Rules, 2010Order 40, Order 40(1)(a) and (b), Order 51

Cases cited (12)

  • Mrao vs First American Bank of Kenya Limited & 2 Others
    [2003] KLR
  • Rukaya Ali Mohamed vs David Gikonyo Nambachia & Another
    Kisumu HCCA 9/2004
  • Ali Mohamed Dagane vs Hakar Abshir & 3 Others
    [2021] eKLR
  • Pius Kipchirchir Kogo vs Frank Kimeli Tenai
    [2018] eKLR
  • Gatirau Peter Munya vs Dickson Mwenda Kithinji & 2 Others
    [2014] eKLR
  • Gitarau Peter Munya vs Dickson Mwenda Githinji & Another
    [2015] eKLR
  • Board of Management of Uhuru Secondary School vs City County Director of Education & 2 Others
    [2015] eKLR
  • Giella vs Cassman Brown
    [1973] EA 358
  • Shem Ondlenga & 7 Others vs Town Council of Ogembo
    [2010] eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    [2014] eKLR
  • Kenya Commercial Finance Co. Ltd V. Afraha Education Society
    [2001] Vol. 1 EA 86
  • Abdullahi Omar Said vs County Government of Mombasa
    [2021] eKLR
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

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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, "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

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