Kamiri v Nairobi City County & another (Environment & Land Case E404 of 2024) [2025] KEELC 4371 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case for an injunction
No prima facie case with probability of success established
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.
Whether the ex-parte orders of 9th October 2024 should be discharged
The prayer was overtaken by events following the ruling of 13th March 2025
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.
Whether the suit is res judicata and should be struck out
Res judicata not established; striking-out application dismissed
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.
Legal principles established
#- 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
#- 1.The Plaintiff's Notice of Motion dated 1st October 2024 is dismissed with costs to the Respondents
- 2.The 2nd Defendant's Notice of Motion dated 5th November 2024 is dismissed with costs to the Respondent
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land in Nairobi County (interlocutory applications in a pending suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.