Moso & 4 others v Bett & 16 others (Environment & Land Case E052 of 2024) [2025] KEELC 3664 (KLR)
The bottom line
#A Kenyan court struck out a landowners' injunction application because they asked for a permanent injunction before the case was ever fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether a permanent injunction can issue at interlocutory stage
It cannot; such a prayer is bad in law and legally untenable at the interlocutory stage and cannot be cured by Article 159 of the Constitution
The court held that a permanent injunction is final in nature and can only be granted upon hearing evidence and evaluating the merits of the rival positions. Parties are bound by their pleadings; although applicants argued interlocutory injunction principles, the prayer actually sought a permanent injunction pending hearing and determination of the suit. The defect was substantive, not a curable procedural technicality.
Whether the court should proceed to the merits of the interlocutory injunction test and the notice requirement under the Government Proceedings Act
No need, since striking out the untenable prayer renders the enquiry academic
Having held the sole operative prayer legally untenable, the court declined to consider whether the Giella principles were satisfied or whether 30 days' notice was required before suing government officers, as doing so would be an academic exercise.
Legal principles established
#- A permanent injunction is a final order that can only be granted after full hearing of the suit and cannot be sought or obtained in an interlocutory application
Court orders
#- 1.The Notice of Motion Application dated September 16, 2024 is struck out with costs to the Respondents
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A, 63(e) of the Civil Procedure Act; section 13 of the Environment and Land Court Act; Orders 40 and 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moso & 4 others v Bett & 16 others (Environment & Land Case E052 of 2024) [2025] KEELC 3664 (KLR)", Case Analysis (2025). Notice of Motion dated 16th September, 2024 (suit particulars not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3664/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.