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ELCDismissedELC Petition No. 14 of 2019· [2025] KEELC 4185 (KLR)
Nduulu & 4 others v Government of Makueni County & another; Munyoki (Chairperson), Hamisi (Treasurer), Kimweli (Secretary) Officials of Vinya wa Ziwani Self-Help Group (Interested Party) (Environment & Land Petition 14 of 2019) [2025] KEELC 4185 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Makueni determines a Notice of Motion dated 6th June 2024 filed by the Interested Party in ELC Petition No. 14 of 2019, seeking status quo ante orders and an injunction restraining the Petitioners from demolishing structures on the suit property, with enforcement by the OCS Makindu. The application, supported by the affidavit of Mwanaisha Abdalla Munyoki, alleged that the Petitioners defied directions by the National Land Commission and were demolishing members' houses. The Petitioners, through Peter Nthuli Nduulu, opposed the application, contending there was no evidence of ongoing demolitions, that they had occupied the land since allocation by the Settlement Fund Trustees and held title deeds, and that conservatory orders issued by Justice Mbogo on 31st October 2022 were being complied with, rendering the application an abuse of process. The court framed a single issue: whether the Interested Party was entitled to status quo ante and injunctive orders. Holding that an order of status quo ante is a substantive order confinable only to substantive parties upon merited facts, and applying the Supreme Court's decision in Muruatetu and the Court of Appeal's decision in Mumo Matemu, the court found the Interested Party's stake peripheral, its claim not identifiable within the primary parties' pleadings, and that it lacked locus standi. The application was dismissed with costs to the Petitioners/Respondents.
Key legal issues
#01
Whether an interested party is entitled to status quo ante and injunctive orders
Holding
The application was dismissed; the Interested Party lacked locus standi to seek substantive orders
Reasoning
The court held that an interested party is not a primary party and its stake in the proceedings remains peripheral. Substantive orders such as status quo ante and injunction may only be granted to substantive parties on merited facts discernible from the pleadings. Relying on Muruatetu and Mumo Matemu, the court reasoned that the issues in a suit remain those presented by the principal parties, and an interested party cannot champion its own proprietary interest against the primary parties' rights without a substantive claim of its own.
p. 4
Legal principles established
#- An interested party cannot seek substantive orders in a suit; such orders are confined to the primary/principal parties
- An order of status quo ante is substantive and requires merited facts ascertainable from pleadings
Court orders
#- 1.The Interested Party's Notice of Motion dated 6th June 2024 is dismissed with costs to the Petitioners/Respondents
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1A, 1B & 3A of the Civil Procedure Act; Order 1 Rules 1, 3 & 10(2) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduulu & 4 others v Government of Makueni County & another; Munyoki (Chairperson), Hamisi (Treasurer), Kimweli (Secretary) Officials of Vinya wa Ziwani Self-Help Group (Interested Party) (Environment & Land Petition 14 of 2019) [2025] KEELC 4185 (KLR)", Case Analysis (2025). ELC Petition No. 14 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4185/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.