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ELCDismissedNot stated in judgment (plaint dated 12/7/2024; notice of motion dated 11/6/2025)· [2025] KEELC 5007 (KLR)

County Government of Nandi v Morong & another (Environment & Land Case E015 of 2024) [2025] KEELC 5007 (KLR)

Environment and Land Court
2 July 2025
4,073 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Nandi landowner who received full payment and handed over land for a dispensary failed to stop the buyer's suit, which now proceeds to trial.

What this practically means

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Executive summary

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The plaintiff, which bought 1.0 acre of land parcel Nandi/Ndurio/1303 from the 1st defendant by a sale agreement dated 31/7/2023 for Kshs.1,000,000/=, sued for specific performance, seeking a declaration that it is a purchaser for value, an order compelling the 1st defendant to attend the Land Control Board and execute transfer documents (or that the Deputy Registrar do so), and registration by the 2nd defendant. It took possession and built a dispensary. The 1st defendant filed an application dated 11/6/2025 seeking striking out of the plaint, an interim injunction, and a declaration that the agreement is a nullity for non-compliance with procurement, public finance and land laws. The court framed three issues: jurisdiction over procurement questions; whether the suit should be struck out as disclosing no cause of action or as frivolous and abusive; and whether the 1st defendant merited an interim injunction. Holding that jurisdiction should be approached functionally, the court found the ELC competent to determine whether the agreement offends statutes and public policy. It declined to strike out the suit because the 1st defendant admitted execution of the agreement, receipt of the consideration and handing over possession, did not plead want of cause of action in her defence, did not offer to refund the consideration as a condition precedent to equitable relief, and took none of the statutory remedies under the Land Act. Striking out would be draconian. The injunction was refused because no breach of the applicant's rights or tangible loss was shown and the community stood to suffer more. The application dated 11/6/2025 was dismissed with costs to the plaintiff; the main suit proceeds to full hearing.

Key legal issues

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01

Jurisdiction over procurement-related challenges to a land sale agreement

Holding

The ELC has jurisdiction to determine whether the sale agreement offends statutes and public policy on procurement and asset disposal by the plaintiff.

Reasoning

The court declined the argument that such questions belong exclusively to the PPARB under Section 27 of the Public Procurement and Assets Disposal Act and the High Court under Article 165(6). Citing Suzanne Achieng Butler, it held jurisdiction should be approached functionally, looking at constitutional objectives. The predominant issue pleaded - whether the sale agreement offends the statutes governing acquisition of land by the plaintiff - falls squarely within the ELC's remit.

p. 6
02

Whether the suit discloses a cause of action and should be struck out

Holding

The suit discloses a reasonable cause of action based on the 1st defendant's admitted breach of the sale agreement; striking out was refused.

Reasoning

The 1st defendant admitted execution of the agreement, receipt of Kshs.1,000,000/=, and handing over possession, on which the plaintiff built a dispensary. She did not plead no cause of action in her defence, did not offer to refund the consideration as a condition precedent to equitable relief, and took none of the statutory remedies under Sections 40-44 of the Land Act. A reasonable cause of action need only have a chance of success at trial.

p. 7
03

Whether interim injunction should issue to the 1st defendant

Holding

No injunction; the applicant failed to establish breach of her rights, tangible loss, or exceptional circumstances for a mandatory or prohibitory interlocutory injunction.

Reasoning

The 1st defendant admits the agreement was consummated and substantially performed - consideration received, vacant possession given, and permanent developments completed with her knowledge. She filed no counterclaim, pleaded no breach by the plaintiff, and pursued none of the vendor's statutory remedies. Any claimed loss is speculative, and an injunction would harm the residents of Enego village served by the dispensary.

p. 7

Legal principles established

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  • The Environment and Land Court has jurisdiction to determine whether a sale agreement of land offends statutes and public policy on procurement and disposal of assets; such issues need not first go to the PPARB.
  • A court will not strike out a suit seeking to enforce an alleged illegal contract where the party alleging illegality has not pleaded a refund or taken statutory steps to rescind before seeking equitable relief.
  • Striking out pleadings is a draconian remedy to be exercised cautiously at the interlocutory stage.

Court orders

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  1. 1.The application dated 11/6/2025 is dismissed.
  2. 2.Costs of the application are awarded to the plaintiff.

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 60, 159(b), 165(6), 202
  • Civil Procedure ActSections 1A and 1B
  • Civil Procedure RulesOrder 2 Rule 15(1)(a), (b), (d)
  • Public Procurement and Assets Disposal Act, 2015Sections 27, 43
  • Public Finance Management Act, 2012Section 68
  • Land Control ActSection 6
  • Law of Contract ActSection 3(3)
  • Land ActSections 9(c)(iii), 38, 40, 41, 42, 43, 44
  • County Government ActSection 6
  • Environment and Land Court ActSection 13
  • Public Service Management ActNot specified
  • Land Registration ActNot specified

Cases cited (23)

  • Mapis Investment (K) Ltd v Kenya Railways Corporation
    [2005] eKLR
  • Trust Bank Ltd v H.S. Amin & Co. Ltd & Another
    [2000] eKLR
  • Madison Insurance Co. Ltd v Augustine Kamanda Gitau
    [2020] eKLR
  • D.T. Dobie & Co. (K) Ltd v Joseph Mbaria Muchina & Another
    [1980] eKLR
  • Wenlock v Moloney
    [1965] 1 WLR 1238
  • Nguruman Ltd v Jan Bonde Nielsen & Others
    [2014] eKLR
  • Mrao Ltd v First American Bank of (K) Ltd & Others
    [2003] KLR 125
  • Pius K. Kogo v Frank Kimeli Tenai
    [2018] eKLR
  • Muslim For Human Rights (MuHuRi) & Others v Attorney General & Others
    [2011] eKLR
  • Republic v Public Procurement Administrative Review Board & Others Ex-parte Numerical Machining Complex Ltd
    [2016] eKLR
  • Owners of Motor Vessel Lillian "S" v Caltex Oil (K) Ltd
    [1989] KLR 1
  • National Bank of Kenya Ltd v Pipe Plastic Samkolik (K) Ltd & Another
    [2001] eKLR
  • D. Njogu & Co. Advocates v National Bank of Kenya Ltd
    [2016] eKLR
  • David Taylor & Son v Barnett Trading Co.
    [1953] 1 WLR
  • Nathalal Raghavji Lakhani v H.J. Vaitha & Another
    [1965] EA 452
  • Standard Chartered Bank v Pakistan National Shipping Corp. No. (20)
    [2000]
  • Independent Electoral and Boundaries Commission (IEBC) v National Super Alliance (NASA) Kenya & 6 others
    [2017] eKLR
  • Trans Mara Sugar Co Ltd & another v Ben Kangwaya Ayiemba & another
    [2020] KEHC 3762 (KLR)
  • Suzanne Achieng Butler & Others v Redhill Heights Investment Ltd & Another
    [2016] eKLR
  • Raila Amolo Odinga & another v Independent Electoral and Boundaries Commission & 2 others
    [2017] eKLR
  • Crescent Construction Co Ltd v Delphis Bank Ltd
    2007 eKLR
  • Kwame Kariuki & Another v Hassconsult Ltd & Others
    [2014] eKLR
  • Olympic Escort International Co. Ltd & Others v Parminder Singh Sandhu & Another
    [2009] eKLR
Jurisdiction invoked
Articles 159 and 165 of the Constitution; Section 13 of the Environment and Land Court Act; Civil Procedure Act and Rules (Order 2 Rule 15)

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, "County Government of Nandi v Morong & another (Environment & Land Case E015 of 2024) [2025] KEELC 5007 (KLR)", Case Analysis (2025). Not stated in judgment (plaint dated 12/7/2024; notice of motion dated 11/6/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5007/eng@2025-07-02

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