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ELCDismissedEnvironment and Land Case at Kericho (number not stated in judgment)· [2025] KEELC 7311 (KLR)

Hybrid Kenya Planters Limited & another v Kenya Conference of Catholic Bishops (Environment and Land Case E027 of 2024) [2025] KEELC 7311 (KLR)

Environment and Land Court
23 October 2025
7,927 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~32 min to read original · ~4 min brief

The bottom line

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Kericho's Environment and Land Court refused to stop a landlord from dealing with 602 leased acres because the tenants couldn't prove their case or irreparable harm.

What this practically means

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Executive summary

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The Plaintiffs/Applicants moved the court by Notice of Motion dated 5th November 2024 under Sections 1A, 1B, 3, 3A and 63(c) & (e) of the Civil Procedure Act and Order 40 of the Civil Procedure Rules, seeking an interlocutory injunction restraining the Defendant/Respondent from selling, alienating or interfering with 602 acres of LR Nos. 9848 and 9849, an order for release of motor vehicles and farm machinery allegedly attached and auctioned, an order for peace and tranquility on the suit property, and costs. The dispute arises from a letter of offer dated 9th December 2020 leasing the land to the 1st Plaintiff for twenty years for coffee farming, under which the 1st Plaintiff paid a USD 36,000 security deposit. The Defendant, registered proprietor of the land, asserted the 1st Plaintiff fell into rent arrears of USD 117,500, voluntarily surrendered the lease by letter dated 2nd August 2024, and that its recovery through distress for rent and a public auction conducted by J.K Wanderi Auctioneers was lawful. The Plaintiffs denied writing the surrender letter, denied service of the distress notices, and claimed the auctioned goods belonged to the 2nd Plaintiff. Applying Giella v Cassman Brown, Mrao and Nguruman, the court held the Applicants failed to demonstrate a prima facie case since the key disputed questions - the authenticity of the surrender letter, service of the statutory notices, and ownership of the auctioned goods - must await trial; that no irreparable injury was shown since apprehension of re-letting is speculative and the claimed losses are quantifiable; and that the balance of convenience favours the Defendant as registered owner in possession. The release-of-goods prayer was held to be a substantive relief that could not be granted at the interlocutory stage, and the peace-and-tranquility prayer was futile as the Plaintiffs admit they are out of possession. The court noted, obiter, that no mandatory injunction was actually sought despite the Respondent's extensive submissions on that issue. The application was dismissed with costs to the Defendant.

Key legal issues

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01

Whether the Applicants established a prima facie case for a temporary injunction

Holding

They did not; the lease exists and was accepted, but key issues (surrender letter, service of distress notices, ownership of auctioned goods) are disputed and must await trial

Reasoning

The court accepted the undisputed existence of the letter of offer, payment of USD 36,000 deposit, the taking of possession and the auction. However, the disputed questions - whether the 2nd August 2024 surrender letter was written by the 1st Plaintiff, whether statutory notices under the Distress for Rent Act were served, and ownership of the auctioned items - cannot be resolved on affidavit evidence. Without apparent infringement of a right, no prima facie case was made out.

p. 13
02

Whether the Applicants demonstrated irreparable injury

Holding

They did not; apprehension that the land will be leased to third parties is speculative and loss of machinery/income is quantifiable

Reasoning

Applying Nguruman and Kogo, the court held the burden is on the applicant to show actual, substantial and demonstrable injury not compensable by damages. The Applicants admitted they are no longer in possession; their apprehension of re-letting is speculative, and the claimed loss of farm machinery and coffee income is capable of being measured and compensated by damages.

p. 14
03

Where the balance of convenience lies

Holding

It does not tilt in favour of the Plaintiffs; the Defendant is the registered owner in possession

Reasoning

Having failed on the first two limbs, the court proceeded to balance of convenience. The Defendant, as registered owner of LR 9848/1 and 9849 and now in possession, would suffer greater inconvenience if an injunction issued, whereas the Plaintiffs are already out of possession. The court therefore declined to preserve a status quo favouring the Plaintiffs.

p. 15
04

Whether the release of motor vehicles, machinery and equipment could be ordered at the interlocutory stage

Holding

No; the relief is a substantive prayer in the Plaint and must await trial

Reasoning

The court noted that the same relief sought in the application appears as prayer (b) in the Plaint. Determining whether the Defendant holds the items and should return them would entail determining the suit prematurely, particularly where the Defendant denies possession of the listed items. The question was deferred to the full hearing.

p. 16

Legal principles established

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  • The conditions for grant of an interlocutory injunction are a prima facie case with probability of success, irreparable injury not compensable by damages, and, if in doubt, balance of convenience (Giella v Cassman Brown)
  • Costs follow the event under Section 27 of the Civil Procedure Act
  • A prayer that mirrors a substantive prayer in the plaint cannot be granted at the interlocutory stage

Court orders

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  1. 1.The Plaintiffs/Applicants' Notice of Motion application dated 5th November 2024 is dismissed
  2. 2.Costs of the application awarded to the Defendant/Respondent

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3, 3A, 63(c) & (e)
  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 40 Rules 1, 2, 3 & 4
  • Distress for Rent ActSections 3, 4, 5 and 6
  • Land Actnot specified
  • Companies ActPart XIII
  • Constitution of KenyaArticles 40(1)-(6), 42, 69 and 70 (as cited in Anyango v Thuku)

Cases cited (13)

  • Giella vs Cassman Brown & Co. Ltd
    [1973] EA 358
  • Mrao Ltd v First American Bank of Kenya Ltd & 2 Others
    [2003] eKLR
  • Nguruman Limited vs Jan Bonde Nielson & 2 Others
    [2014] KECA 606 (KLR)
  • Pius Kipchirchir Kogo vs Frank Kimeli Tenai
    [2018] KEELC 2424 (KLR)
  • Amir Suleiman vs Amboseli Resort Limited
    [2004] eKLR
  • Paul Gitonga Wanjau v Gathuthis Tea Factory Company Ltd & 2 Others
    [2016] eKLR
  • Gehlot & another v SK Sports and Recreational Limited t/a Momentum Fitness & 2 Others
    [2025] KEHC 1132 (KLR)
  • Malier Unissa Karim versus Edward Oluoch Odumbe
    [2015] eKLR
  • Wambugu & another v Administrators of the Estate of Kaiho Karugo & 4 Others
    (Environment & Land Case E136 of 2023) KEELC 905 (KLR)
  • Lucy Wangui Gachara v Minudi Okemwa Lore
    Civil Appeal No. 4 of 2015
  • Locabaill International Finance Ltd v Agroexport
    [1986] 1 ALL E.R 901
  • Anyango (Suing as the Legal Representative of the Estate of John Douglous Omondi) v Thuku
    [2023] KEELC 15871 (KLR)
  • Nrao (sic) Limited vs First American Bank of Kenya Ltd & 2 Others
    [2003] eKLR 125
Jurisdiction invoked
Sections 1A, 1B, 3, 3A, 63(c) & (e) of the Civil Procedure Act and Order 40 Rules 1, 2, 3 & 4 of the Civil Procedure Rules (interlocutory application in an original suit)

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, "Hybrid Kenya Planters Limited & another v Kenya Conference of Catholic Bishops (Environment and Land Case E027 of 2024) [2025] KEELC 7311 (KLR)", Case Analysis (2025). Environment and Land Case at Kericho (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7311/eng@2025-10-23

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