Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in excerpt (Petition, Kisumu)

Simonash Investment Ltd v Kenya National Highway Authority & 2 others (Constitutional Petition 15 of 2019) [2025] KEELC 3866 (KLR)

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

The bottom line

#

The Environment and Land Court in Kisumu refused to pause an interim order protecting disputed land, confirming it never blocked the highway project.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Kisumu (Asati, J) dealt with a notice of motion dated 2nd May 2025 by the 1st Respondent seeking stay of execution and/or enforcement of an ex parte interim order of status quo (temporary injunction) issued on 28/4/2025. That interim order had been granted at a mention of the Petitioner's substantive application dated 23/4/2025 seeking to cite the 1st Respondent for contempt of a judgment delivered on 21/12/2022 in the Petitioner's favour, now subject of an appeal to the Court of Appeal. The 1st Respondent complained of short or no notice of the mention. The court noted service was effected, that the substantive contempt application remained unheard and would itself determine whether the Respondents were in breach of the judgment. Photographs showed construction on the suit land, justifying the interim order, which was confined to the suit land and did not impede the Kisumu-Kakamega-Webuye-Kitale Highway construction. Finding no reason to stay the interim order, the court dismissed the application with no order as to costs and directed parties to comply with directions given on 28/4/2025.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the ex parte interim order of status quo/temporary injunction issued on 28/4/2025 should be stayed pending hearing of the application and the substantive contempt application
  2. 2.Whether the 1st Respondent was given adequate notice of the mention of 28/4/2025

Key legal issues

#
01

Whether to stay the ex parte interim injunction issued on short notice

Holding

Stay refused; the interim order was properly granted on prima facie material and the 1st Respondent remains free to contest the substantive application at the hearing.

Reasoning

The court noted the substantive contempt application had not been heard and would determine whether the Respondents breached the judgment. Photographs showed construction on the suit land, justifying the interim status quo order. The order was limited to the suit land and did not affect the highway project. The court found no basis for a stay and dismissed the application.

p. 2

Legal principles established

#
  • An ex parte interim status quo order preserving the suit property may properly issue pending hearing of a contempt application where there is prima facie evidence of ongoing construction on the suit land.
  • An interim status quo order limited to the suit land does not restrain construction of a public highway through the land.

Court orders

#
  1. 1.The 1st Respondent's application dated 2nd May 2025 seeking stay of execution/enforcement of the ex parte interim order is dismissed
  2. 2.No order as to costs
  3. 3.Parties to comply with the directions given on 28/4/2025

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the court over its own interlocutory orders; underlying judgment under appeal to the Court of Appeal

Relief refused

#

Stay of execution and/or enforcement of the ex parte order of temporary injunction issued on 28/4/2025

The court found no reason to stay the order; the interim order only maintained status quo on the suit land and did not stop the highway construction

p. 2

Costs

No order as to costs.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The 1st Respondent’s application dated 2nd May 2025 is therefore hereby dismissed. No order as to costs.
p. 2Dismissal of stay application and costs
Prima facie there was need to stop the works pending hearing of the application.
p. 2Basis for the ex parte interim order
The order did not stop the construction of Kisumu-kakamega-Webuye- Kitale Highway.
p. 2Scope of the interim status quo order

Issues in the judgment

#
minor

The case number and full party names are not stated in the ruling, which refers only to 'Petitioner' and '1st Respondent'.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Simonash Investment Ltd v Kenya National Highway Authority & 2 others (Constitutional Petition 15 of 2019) [2025] KEELC 3866 (KLR)", Case Analysis (2025). Not stated in excerpt (Petition, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3866/eng@2025-05-15

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