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ELCDismissedNotice of Motion dated 30th January 2025 (Eldoret ELC suit; decree of 18th November 2024)· [2025] KEELC 3661 (KLR)

Limo & another v Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisirei - Deceased) (Environment & Land Case E004 of 2023) [2025] KEELC 3661 (KLR)

Environment and Land Court
7 May 2025
2,108 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Once a Kenyan court delivers final judgment, it cannot grant new orders like injunctions—any protection pending appeal must be sought directly from the Court of Appeal.

What this practically means

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Executive summary

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The defendant/applicant moved the Environment and Land Court at Kapsabet by Notice of Motion dated 30th January 2025 seeking an injunction restraining the plaintiffs/respondents from entering suit land Nandi/Lelmokwo/123 (subdivided into Nandi/Lelmokwo/789 and 790) to conduct a survey without adequate notice, pending the hearing of Eldoret Court of Appeal Civil Application No. E006 of 2025 (leave to appeal against the court's judgment of 3rd October 2024 and decree of 18th November 2024). He argued the appeal was arguable and would be rendered nugatory, and that he would suffer irreparable loss as the land is his ancestral home, further complaining that the County Surveyor's notice was served only a day before the survey, contrary to natural justice. The respondents opposed, contending the court had become functus officio after judgment, that no appeal had been lodged, and that the decree had been substantially executed with both parties in possession of their respective portions. The court framed two issues: whether the applicant established a claim warranting an injunction, and the just orders. Citing Jersey Evening Post v Thani (as adopted in Raila Odinga v IEBC), Telkom Kenya v John Ochanda and Republic v Karisa Chengo, the court held it was functus officio upon rendering judgment on 3rd October 2024, lacked jurisdiction to grant further orders, and that the proper forum for an injunction was the Court of Appeal. It did not reach the merits of the injunction test. The application was struck out with no orders as to costs.

Key legal issues

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01

Whether the court had jurisdiction to grant an injunction pending appeal after delivering final judgment

Holding

The court had become functus officio upon delivery of judgment on 3rd October 2024 and lacked jurisdiction to grant any further orders; the proper forum is the Court of Appeal where the prospective appeal is pending

Reasoning

Relying on Jersey Evening Post v Thani as cited in Raila Odinga v IEBC, and Telkom Kenya v John Ochanda, the court held that once proceedings are finally concluded and judgment perfected, the court cannot review or alter its decision. The applicant's remedy was to seek the injunction from the Court of Appeal. Consequently, the application lacked merit and was struck out with no orders as to costs.

p. 5
02

Whether the applicant met the threshold for an interlocutory injunction

Holding

The court did not reach the merits of the Giella v Cassman Brown triple test because it found the application incompetent for want of jurisdiction

Reasoning

The court acknowledged the injunction principles in Giella and Nguruman, and that an injunction is an equitable and discretionary remedy, but decided the matter on jurisdiction (functus officio) rather than on the merits of the applicant's prima facie case, irreparable injury or balance of convenience.

p. 3

Legal principles established

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  • A trial court that has rendered final judgment becomes functus officio and lacks jurisdiction to grant further orders, including injunctions; challenges must be taken to the higher court.
  • Lack of jurisdiction renders a court's decision void, not merely voidable.

Court orders

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  1. 1.The Notice of Motion dated 30th January 2025 is struck out with no orders as to costs
Jurisdiction invoked
Original and continuing jurisdiction of the Environment and Land Court; issue of functus officio arising after delivery of judgment and issuance of decree

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, "Limo & another v Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisirei - Deceased) (Environment & Land Case E004 of 2023) [2025] KEELC 3661 (KLR)", Case Analysis (2025). Notice of Motion dated 30th January 2025 (Eldoret ELC suit; decree of 18th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3661/eng@2025-05-07

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