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ELCPartially Allowed· [2025] KEELC 5874 (KLR)

Muturi & 10 others v Runji & 4 others (Environment and Land Case E011 of 2023) [2025] KEELC 5874 (KLR)

Environment and Land Court
3 July 2025
1,212 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court refused to injunct government officials directly but froze the disputed land's status quo, protecting the claimants pending trial.

What this practically means

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Executive summary

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The Plaintiffs, claiming to be among 53 clan beneficiaries of the 2011 subdivision of Mbeere/Kirima/2976, applied by notice of motion dated 21 March 2023 for a temporary injunction restraining the 1st, 2nd, 4th and 5th Defendants from subdividing and creating new titles over twelve named parcels, and an order inhibiting the 3rd Defendant from registering any dealings pending determination of the suit. The 1st and 2nd Defendants opposed, contending the original subdivision was tainted by fraud and that the Plaintiffs failed to demonstrate a prima facie case, irreparable harm or a favourable balance of convenience. The 3rd, 4th and 5th Defendants raised a preliminary objection that the application offended Section 16(1)(i) of the Government Proceedings Act, which bars injunctive relief against the Government. The court held that a preliminary objection must raise a pure point of law and, distinguishing the petition relied on by the Plaintiffs, found that since the 4th and 5th Defendants were government officers acting in the course of official duties and the orders sought were injunctive, the objection had merit. However, invoking Section 68(1) of the Land Registration Act, the court preserved the prevailing status quo on the disputed land pending trial. Costs were left in the cause. Judgment was delivered virtually at Embu on 3 July 2025 by K. Bor J.

Key legal issues

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01

Whether the preliminary objection based on Section 16(1)(i) of the Government Proceedings Act is sustained

Holding

It is sustained in respect of the injunctive orders sought against the 4th and 5th Defendants, who are government officers acting in the course of official duties

Reasoning

The court distinguished the petition in Kenya Council of Employment and Migration Agencies, which concerned reliefs under Article 22 of the Constitution. The present matter is an ordinary suit seeking a permanent injunction. Since the orders sought against the government officers are injunctive in nature, they fall within the bar in Section 16(1)(i), so the preliminary objection has merit.

p. 3
02

Whether an inhibition on registration of dealings over the disputed parcels should issue

Holding

Yes; the status quo on the disputed land is maintained pending hearing and determination of the suit under Section 68(1) of the Land Registration Act

Reasoning

The court found that an inhibition is a mechanism to preserve the status quo pending determination of a matter. In the interest of justice and to preserve the subject matter of the dispute, it maintained the prevailing status quo on the disputed land, an alternative to the barred injunctive relief.

p. 3

Legal principles established

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  • A preliminary objection must raise a pure point of law, argued on the assumption that all facts pleaded by the other side are correct, and cannot be raised where facts must be ascertained or discretion exercised
  • Section 16(1)(i) of the Government Proceedings Act bars courts from issuing injunctions against the Government and government officers acting in their official capacities; only declaratory orders may be made
  • Section 68(1) of the Land Registration Act empowers the court to inhibit dealings with land to preserve the status quo pending determination of a matter

Court orders

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  1. 1.The preliminary objection has merit in so far as the orders sought against the 4th and 5th Defendants are injunctive in nature
  2. 2.The prevailing status quo is maintained on the disputed land pending hearing and determination of the suit
  3. 3.Costs of the application shall be in the cause

Authorities

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Legislation

  • Government Proceedings ActSection 16(1)(i)
  • Civil Procedure RulesOrder 29 Rule 2(2)
  • Land Registration ActSection 68(1)
  • Constitution of KenyaArticle 22

Cases cited (1)

  • Kenya Council of Employment and Migration Agencies v Kenya Literature Bureau & 3 others
    [2016] eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; Land Registration Act section 68(1)

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, "Muturi & 10 others v Runji & 4 others (Environment and Land Case E011 of 2023) [2025] KEELC 5874 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5874/eng@2025-07-03

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