Mbaru & 204 others v Kenya Scouts Association (Environment & Land Case E104 of 2024) [2025] KEELC 4572 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed residents' bid to block eviction because occupation and unrelated sale agreements proved no legal claim to the land.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs established a prima facie case with a probability of success
They did not; the sale agreements annexed did not reference the suit property and did not belong to any plaintiff
The court perused the two sale agreements marked 'NON-3' and found neither mentioned parcel No. 4820/V1/MN nor title CR. 70985 or CR. 82371, so no connection was established between the agreements and the suit property. Mramba Saidi Mramba, the alleged seller, was not a party and did not defend his ownership. Occupation alone, without a recognisable legal or beneficial interest, does not amount to a prima facie case.
Whether the plaintiffs would suffer irreparable loss if the injunction was not granted
They failed to demonstrate irreparable injury; no evidence beyond the eviction notice supported such a finding
Apart from the published and served eviction notice, no evidence was presented upon which a finding of irreparable loss could rest. The sale agreements concerned payments of Kshs. 80,000 and 70,000, modest sums capable of compensation in damages, and none belonged to any plaintiff. The second Giella test was therefore not met.
Balance of convenience
It tilted against granting the injunction, given no privity of contract between the plaintiffs and the defendant
Having failed the first two sequential tests, the application could not stand. The court nonetheless noted that Mramba Saidi Mramba, from whom the plaintiffs claim to have purchased, was not a party and there was no privity of contract between the plaintiffs and the defendant, so the balance of convenience favoured refusal of the injunctive order.
Legal principles established
#- The three Giella v Cassman Brown conditions for a temporary injunction are applied sequentially; failure on the first disposes of the application.
- Mere occupation of land without a recognisable legal or beneficial interest does not constitute a prima facie case.
Court orders
#- 1.That the plaintiffs' notice of motion dated 10th December 2024 is without merit and is hereby dismissed.
- 2.The plaintiffs will pay the defendant's costs.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land within Mombasa County
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbaru & 204 others v Kenya Scouts Association (Environment & Land Case E104 of 2024) [2025] KEELC 4572 (KLR)", Case Analysis (2025). ELC Mombasa (suit over plot No. 4820/V1/MN; notice of motion dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4572/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.