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ELCDismissedNot stated in judgment (ELC, Nairobi)· [2025] KEELC 4371 (KLR)

Kamiri v Nairobi City County & another (Environment & Land Case E404 of 2024) [2025] KEELC 4371 (KLR)

Environment and Land Court
23 May 2025
4,393 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi property owner lost his bid to stop eviction over disputed land title, but the county also failed to strike out his suit entirely.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi, delivered virtually on 23rd May 2025 by Hon. T. Murigi, Judge, determined two competing interlocutory applications arising from a dispute over L.R No. 209/13539/79 (Bungalow 15), Woodley/Joseph Kangethe Estate, Nairobi. The Plaintiff, who claimed to have purchased the property in 2002 and to hold a High Court decree affirming his ownership, sought a temporary injunction restraining the County Government of Nairobi (1st Defendant) and the 2nd Defendant from evicting him, demolishing structures or proceeding with an affordable housing joint venture, pending trial. The 2nd Defendant sought discharge of ex-parte status quo orders and striking out of the suit as res judicata and an abuse of process. The court, adopting the Giella v Cassman Brown criteria sequentially as reinforced in Nguruman Limited v Jan Bonde Nielsen, held that the Plaintiff had failed to establish a prima facie case with a probability of success, since his ownership was hotly disputed given the NLC revocation and prior litigation, and accordingly dismissed his application without considering the remaining limbs. On res judicata, applying Section 7 of the Civil Procedure Act and the conjunctive elements in IEBC v Maina Kiai, the court found the Defendants had failed to show the Plaintiff was a party to, or raised the same issues as, ELCC 2054 of 2007, ELC Petition 18 of 2018, ELC Petition 1 of 2024 or ELC Petition E093 of 2024; the discharge prayer was overtaken by events following a ruling of 13th March 2025. Both applications were dismissed with costs to the opposing parties.

Key legal issues

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01

Whether the Plaintiff established a prima facie case for an injunction

Holding

No prima facie case with probability of success established

Reasoning

The Plaintiff exhibited a Grant of Lease and Transfer, but the Defendants disputed his title, alleging revocation by the NLC and that he was not a tenant. At interlocutory stage the court only weighs the relative strength of the parties' cases and makes no final findings. Finding the ownership dispute unresolved in the Plaintiff's favour, the first Giella limb failed, and the sequential application of the Giella/Nguruman criteria meant the other limbs need not be considered.

p. 7
02

Whether the ex-parte orders of 9th October 2024 should be discharged

Holding

The prayer was overtaken by events following the ruling of 13th March 2025

Reasoning

The 2nd Defendant argued the ex-parte orders were obtained by concealment of ELC Petition 18 of 2018 and the NLC revocation. The court did not decide the concealment question on its merits, holding instead that a subsequent ruling rendered the prayer moot.

p. 8
03

Whether the suit is res judicata and should be struck out

Holding

Res judicata not established; striking-out application dismissed

Reasoning

Applying Section 7 of the Civil Procedure Act and the conjunctive IEBC v Maina Kiai elements, the court found the Plaintiff was not a party to ELCC 2054 of 2007 and did not rely on the 4th August 1992 resolution central to that case and to ELC Petitions 1 of 2024 and E093 of 2024. In ELC Petition 18 of 2018 the 2nd Defendant was not a party. The Defendants failed to place the Plaintiff and his issues within the earlier suits.

p. 9

Legal principles established

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  • The three Giella conditions for an interlocutory injunction are to be applied sequentially; failure at the first stage disposes of the application
  • The elements of res judicata under Section 7 of the Civil Procedure Act must be satisfied conjunctively
  • At the interlocutory stage the court makes no final findings on contested facts

Court orders

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  1. 1.The Plaintiff's Notice of Motion dated 1st October 2024 is dismissed with costs to the Respondents
  2. 2.The 2nd Defendant's Notice of Motion dated 5th November 2024 is dismissed with costs to the Respondent

Authorities

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Legislation

  • Civil Procedure ActSection 7

Cases cited (11)

  • Gladys Nduku Nthuki v Letshengo Kenya Ltd
    (2022) eKLR
  • John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 others
    [2021] KESC 39 (KLR)
  • Alfred Njau & Others v City Council of Nairobi
    (1982-88) 1 KAR 229
  • Ochuodho & 9 others v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 2 others
    [2024] KEELC 3615 (KLR)
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    [2014] KECA 606 (KLR)
  • Independent Electoral & Boundaries Commission v Maina Kiai & 5 Others
    [2017] KECA 477 (KLR)
  • Giella v Cassman Brown Co. Ltd
    1973 EA 358
  • Mrao Ltd v First American Bank of Kenya Ltd & 2 Others
    [2003] eKLR
  • Mbuthia v Jimba Credit Corporation Ltd
    (1988) KLR
  • Edwin Kamau Muniu v Barclays Bank of Kenya Ltd
    NBI HCCC No 1118 of 2002
  • Commercial Finance Co. Ltd v Afraha Education Society & Others
    CA Civil Appeal No. 142 of 1999
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land in Nairobi County (interlocutory applications in a pending suit)

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, "Kamiri v Nairobi City County & another (Environment & Land Case E404 of 2024) [2025] KEELC 4371 (KLR)", Case Analysis (2025). Not stated in judgment (ELC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4371/eng@2025-05-23

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