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ELCPartially AllowedNot stated in the judgment (Nairobi ELC)· [2025] KEELC 7587 (KLR)

Kukam Limited v Kenya National Highways Authority & 3 others (Land Case 950 of 2014) [2025] KEELC 7587 (KLR)

Environment and Land Court
31 October 2025
TMT. Murigi
2,024 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan landowner won court protection of her property and added the bulldozing company as a party, showing contractors on disputed land can be sued.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi on a Notice of Motion dated 13th March 2025 by the Plaintiff, Rahab Karei Mukima, seeking joinder of an Intended 4th Defendant and a temporary injunction (or in the alternative status quo ante) over property known as Nairobi/Block 72/3081. The Applicant deponed that she is the registered proprietor, having been allocated the property upon surrendering L.R. No. 209/14053, and that on 10th March 2025 the Intended 4th Defendant entered the property with bulldozers and began excavation. The 1st Defendant opposed, relying on ELC No. 561 of 2014 (Dir. Moses Oringo Lango v Attorney General & 3 others) in which the suit property was determined to be public land, and later argued res judicata. The Applicant responded that she was not party to that suit and that the disputes are distinct. The court applied Order 1 Rule 10(2) and Civicon Limited v Kivuwatt Limited to find the Intended 4th Defendant a necessary party given the intended damages claim. On the injunction, it applied the Giella v Cassman Brown principles and the Mrao definition of a prima facie case; finding ownership contested, and relying on Mbuthia v Jimba and Edwin Kamau Muniu to avoid final findings, it held a prima facie case was established, that irreparable harm not compensable by damages would follow, and that the balance of convenience favoured preservation, invoking Virginia Edith Wambui v Joash Ochieng Ougo. The application was allowed: the Intended 4th Defendant was joined as 4th Defendant, status quo ante was ordered, and the Applicant was awarded the costs of the application.

Key legal issues

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01

Joinder of the Intended 4th Defendant

Holding

The joinder was granted because the Intended 4th Defendant's entry and excavation on the suit property is central to the dispute and the Applicant intends to pursue a claim for damages against it.

Reasoning

Under Order 1 Rule 10(2) a person whose presence is necessary for the court to effectually and completely adjudicate may be added. The Applicant showed the Intended 4th Defendant entered the suit property with bulldozers on 10th March 2025 and began excavation, conduct central to the dispute, and intends to claim damages against it. The court found it a necessary party.

p. 4
02

Whether a prima facie case with a probability of success was established

Holding

A prima facie case was established because ownership of the suit property is contested.

Reasoning

Applying Giella v Cassman Brown and the Mrao definition of a prima facie case, the court noted the Applicant claims registered proprietorship while the 1st Defendant asserts the property was declared public land in prior litigation. Since ownership is contested and the court cannot make final findings at the interlocutory stage, the threshold was met.

p. 5
03

Irreparable harm and balance of convenience

Holding

The Applicant would suffer irreparable harm not compensable by damages, and the balance of convenience favours preserving the suit property.

Reasoning

The court accepted the Applicant's assertion that it possesses the property and would suffer harm not adequately compensable in damages if evicted or the property altered. Invoking the principle in Virginia Edith Wambui v Joash Ochieng Ougo that where facts are in serious conflict the status quo should be maintained until trial, the court found the balance of convenience favoured preservation.

p. 5

Legal principles established

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  • At the interlocutory stage the court makes no definitive findings on contested facts and law
  • The plaintiff is dominus litis but a necessary party whose presence enables complete adjudication may be added

Court orders

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  1. 1.The Intended 4th Defendant/Respondent is joined as the 4th Defendant in this matter
  2. 2.An order of status quo ante granted pertaining to the occupation and/or possession of the suit property
  3. 3.The Applicant is awarded the costs of the application
Jurisdiction invoked
Articles 40 and 48 of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act, Order 1 Rule 10 and Order 40 Rules 1 and 2 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, "Kukam Limited v Kenya National Highways Authority & 3 others (Land Case 950 of 2014) [2025] KEELC 7587 (KLR)", Case Analysis (2025). Not stated in the judgment (Nairobi ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7587/eng@2025-10-31

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