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ELCPartially AllowedNot stated in the judgment copy provided· [2025] KEELC 4937 (KLR)

Kiarie v Toyianka; Parsere & another (Interested Parties) (Suing as Administrators of the Estate of Peter Parsere Saire - Deceased) (Land Case E006 of 2025) [2025] KEELC 4937 (KLR)

Environment and Land Court
3 July 2025
5,199 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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The Kajiado Land Court froze disputed land and a vehicle, and ruled that a party who ignores court orders cannot ask the court for anything else.

What this practically means

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Executive summary

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This Environment and Land Court decision at Kajiado determined four interlocutory applications arising from a dispute over the sale of land parcel Kajiado/Olchoro Onyore/38653. The Plaintiff purchased the property from the Defendant for Kshs 12,000,000, paid partly through a Toyota Prado (KDE 686G) and partly in cash, then subdivided it into seventeen parcels (39644 to 39660). Access to the property was barricaded by the 1st Interested Party, Peninah Sekenet Parsare, who had sued the Defendant in ELC E025 of 2024 alleging fraudulent transfer of the mother parcel. The Plaintiff sought injunction and inhibition orders over the subdivisions and the motor vehicle. The Defendant acknowledged the sale but opposed, arguing the application was premature pending determination of ELC E025 of 2024. The court found the parcels were subdivisions of property already under restraint in ELC E025 of 2024, and granted injunction and inhibition orders over the parcels, inhibition over the motor vehicle, and directed its impounding at Kiserian Police Station. The Plaintiff's duplicate application dated 7th February 2025, on which ex parte orders had been issued, was confirmed and allowed in its entirety. The Defendant's application dated 14th February 2025 seeking stay, review and setting aside of the ex parte orders, plus reciprocal relief, was dismissed because he had failed to comply with the orders of 10th February 2025. On the Plaintiff's contempt application dated 28th February 2025, the court found the Defendant had wilfully disobeyed the orders and directed him to appear and show cause why he should not be punished for contempt on 28th July 2025, failing which a warrant of arrest would issue. Costs of all applications were made to abide the outcome of the main suit.

Key legal issues

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01

Whether temporary injunction and inhibition orders should issue over the subdivided parcels and the motor vehicle

Holding

The court found the orders merited for preservation of the subject matter, holding that the parcels were subdivisions of property in contention in ELC E025 of 2024

Reasoning

It was not disputed that ELC E025 of 2024 concerned the same parties and subject matter, and in that suit restraining and inhibition orders had already been issued. Because the seventeen parcels in this suit are subdivisions of the property contested in that suit, the court held that preservation through injunction and inhibition over the parcels, plus inhibition and impounding of the motor vehicle forming part of the purchase price, was prudent and in the interest of justice pending full trial.

p. 7
02

Whether the Defendant's application dated 14th February 2025 seeking stay/review of the ex parte orders should be allowed

Holding

Dismissed because the Defendant had disobeyed the orders of 10th February 2025

Reasoning

The court observed that the Defendant had neglected and/or disobeyed the orders impounding the motor vehicle and registering inhibition. A party who has not complied with court orders ought to comply before being heard. The Defendant gave no justifiable reason for non-compliance, so the application was found devoid of merit and dismissed.

p. 9
03

Whether the Defendant was in contempt of the orders of 10th February 2025

Holding

The court was satisfied the Defendant wilfully disobeyed the orders and directed him to show cause why he should not be punished

Reasoning

The Plaintiff deponed that the Defendant concealed the motor vehicle to frustrate execution. Applying Stephen Maina Kimanga v Lucy Waithira Mwangi and Econet Wireless Kenya Ltd, the court held that a party unreasonably obstructing a lawful process will face the court's lawful agencies. The Defendant's explanation (breakdown in Tanzania) was not found justifiable, so the court was convinced of wilful disobedience and set a show-cause date.

p. 10

Legal principles established

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  • A party who disobeys court orders cannot be heard on other applications until he complies or purges the contempt
  • Where properties in a suit are subdivisions of property in contention in a related suit, interim preservation orders may issue to preserve them

Court orders

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  1. 1.An order of injunction restraining the Defendant from interfering with properties Kajiado/Olchoro-Onyore/39644 to 39660 pending the hearing and determination of this suit
  2. 2.The Land Registrar directed to register an inhibition against titles Kajiado/Olchoro-Onyore/39644 to 39660 pending the hearing and determination of this suit
  3. 3.An order of inhibition registered against Motor Vehicle KDE 686G Toyota Prado barring the defendant from sale, transfer, disposal or leasing out
  4. 4.An order directing the OCS Kiserian Police Station to impound Motor Vehicle KDE 686G Toyota Prado pending the hearing and determination of the suit
  5. 5.The ex parte orders (b), (f) and (g) granted on the application dated 7th February 2025 confirmed; that application allowed in its entirety
  6. 6.The Defendant ordered to appear before the court to show cause why he should not be punished for contempt on 28th July 2025, failing which a warrant of arrest to issue
  7. 7.Costs of the applications to abide the outcome of the main suit

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticles 27, 40, 47(1), 50(1) and (2)
  • Civil Procedure ActSections 1A, 1B, 3A, 3, 63(e) and 80
  • Civil Procedure RulesOrder 40 Rules 1, 2 and 3; Order 45 Rules 1 and 2; Order 51 Rules 1, 3 and 15; Order 22 Rule 22
  • Environment and Land Court ActSections 3 and 13(7)
  • Land Registration ActSection 76
  • Practice Directions on Proceedings in the Environment and Land CourtGazette Notice 5178 dated 25th July 2014

Cases cited (9)

  • Giella v Cassman Brown & Co. Ltd
    [1973] EA 358
  • Mrao Limited v First American Bank of Kenya and 2 others
    [2003] KLR 125
  • Nguruman Limited v Bonde Nielsen & 2 Others
    [2014] eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    [2018] eKLR
  • George Oraro v Barak Eston Mbaja
    [2005] eKLR
  • Samuel M. N. Mweru & Others v National Land Commission & 2 others
    [2020] eKLR
  • Shah v Mbogo & another
    [1967] EA 116
  • Stephen Maina Kimanga & 4 Others v Lucy Waithira Mwangi & 2 Others
    [2015] eKLR
  • Econet Wireless Kenya Ltd v Minister of Information & Communication of Kenya & Another
    [2005] KEHC 1767 [KLR]
Jurisdiction invoked
Article 159(2)(d) of the Constitution; Sections 3 and 13 of the Environment and Land Court Act; Sections 1A, 1B and 3A of the Civil Procedure Act

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, "Kiarie v Toyianka; Parsere & another (Interested Parties) (Suing as Administrators of the Estate of Peter Parsere Saire - Deceased) (Land Case E006 of 2025) [2025] KEELC 4937 (KLR)", Case Analysis (2025). Not stated in the judgment copy provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4937/eng@2025-07-03

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