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ELCDismissedNot stated in the judgment (Notice of Motion dated 8th May 2025)· [2025] KEELC 6303 (KLR)

Kariuki & another (Suing as Legal Representatives of the Estate of William Kariuki Ndirangu) v Naivasha & another (Land Case E026 of 2025) (Environment and Land) [2025] KEELC 6303 (KLR)

Environment and Land Court
25 September 2025
4,769 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to protect landowners whose title had already been cancelled, ruling they should have first used official complaint channels before going to court.

What this practically means

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Executive summary

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The Applicants, widow and family of the late William Kariuki Ndirangu, moved the court by Notice of Motion dated 8th May 2025 seeking orders staying the cancellation, revocation and/or expungement of records relating to title No. Kijabe/Kijabe Block 1/30245 by the 1st Respondent, and a temporary injunction restraining the 2nd Respondent from entering, occupying or dealing with the suit property. They contended that the deceased had lawfully obtained the title for an omitted strip of land, and that the Gazette Notice No. 17543 of 22nd December 2023 declaring the parcel road and riparian reserve, and the subsequent expungement and reversion, were done without notice, hearing or reasons. Both Respondents opposed: the 1st Respondent argued the Applicants had bypassed statutory remedies, including the National Land Commission mechanisms, while the 2nd Respondent argued no prima facie case, no nugatory prejudice, and that public interest favoured it. The court framed the question as whether the Applicants had established a prima facie case. It found the stay futile because the decision had already been enforced and the land had reverted; held the Applicants should first have exhausted statutory remedies under the Fair Administrative Action Act, Law Reform Act and Order 53; found the balance of convenience against them as they were no longer in possession; and held that the Giella conditions are sequential, failing at the first stage. The application dated 8th May 2025 was dismissed with costs to the Respondents on 25th September 2025.

Key legal issues

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01

Whether the Applicants established a prima facie case to warrant interlocutory injunctive/conservatory orders

Holding

They did not; the title had already been cancelled and the land reverted, so no stay was eficacious and no prima facie case was made out

Reasoning

The court applied Giella v Cassman Brown. The Gazette Notice had taken effect and the parcel had already reverted to the 2nd Respondent, so the order to stay an already-enforced decision was futile. The court further held the Applicants had bypassed the exhaustion doctrine under Section 9 of the Fair Administrative Action Act and Order 53, and that injunction conditions are sequential.

p. 8
02

Whether the court should entertain a challenge to an administrative decision without exhaustion of statutory remedies

Holding

No; first opportunity must be given to statutory bodies and mechanisms

Reasoning

Relying on Section 9(2) of the Law Reform Act as read with Order 53 Rule 2 of the Civil Procedure Rules, and Section 9 of the Fair Administrative Action Act, the court held that persons aggrieved by administrative action must first exhaust available statutory remedies, and the National Land Commission's mechanisms under the National Land Commission Act should have been engaged first.

p. 8
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Balance of convenience

Holding

It did not tilt in favour of the Applicants since they were no longer in possession

Reasoning

The court found the Applicants were no longer in possession of the suit property after reversion to the 2nd Respondent, so restraining the 2nd Respondent would amount to a premature eviction of a public body from land in its possession.

p. 8

Legal principles established

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  • The conditions for an interlocutory injunction under Giella v Cassman Brown are sequential; failure of the first condition (prima facie case) disposes of the application
  • A party challenging an administrative decision must first exhaust statutory dispute-resolution remedies before coming to court
  • Where there is an alternative statutory remedy, judicial review is granted only in exceptional circumstances

Court orders

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  1. 1.The Application dated 8th May 2025 is dismissed
  2. 2.Costs of the application to the Respondents
Jurisdiction invoked
Environment and Land Court Act, Section 13; Civil Procedure Act, Section 3A; Order 51 of the Civil Procedure Rules

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, "Kariuki & another (Suing as Legal Representatives of the Estate of William Kariuki Ndirangu) v Naivasha & another (Land Case E026 of 2025)  (Environment and Land) [2025] KEELC 6303 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 8th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6303/eng@2025-09-25

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