Kungu & another (As Administrators of the Estate of Damian Cosmas Kungu alias Damian Cosmas Kungu Muhinja - Deceased) v Kibagare Slums Association Sued through Abdi Godana Dida & David M. Nyaga, Its Officials and Trustees; National Land Commission (NLC) (Interested Party) (Environment and Land Case 64 of 2020) [2025] KEELC 7731 (KLR)
The bottom line
#A Nairobi court restored a land injunction that had lapsed after 12 months, but refused to jail anyone for breaching the expired orders.
What this practically means
#Executive summary
#Key legal issues
#Whether the Defendants should be restrained from interfering with the suit property notwithstanding the lapse of the earlier injunctive orders under Order 40 Rule 6
The injunction was restored; although the orders of 1st October 2020 lapsed after twelve months, the Defendants had no legal right to change the character of the suit property pending determination, and the injunctive orders were restored under Order 40 Rule 6.
The court noted that Justice Obaga had granted interlocutory injunctions on 1st October 2020 which were never varied. Relying on the doctrine of lis pendens as explained in Cieni Plains Company Limited v Ecobank Kenya Limited, the court held that altering the character of disputed property during litigation is done in bad faith and defeats the course of justice. Order 40 Rule 6 permits the court, for sufficient reason, to order otherwise than lapse, and the court invoked it to restore the injunction.
Whether the Defendants' officials could be committed for contempt of the order of 12th May 2020
No - contempt proceedings could not issue because the orders allegedly breached had lapsed by operation of law.
Applying Barclays Bank of Kenya Limited v Henry Ndungu Kinuthia, the court found that parties cannot be held in contempt of orders that have ceased to exist by operation of law after twelve months under Order 40 Rule 6. Since the 12th May 2020 orders had lapsed, the committal and leave-to-institute-contempt prayers failed.
Legal principles established
#- Even where interlocutory injunctive orders lapse by operation of law under Order 40 Rule 6, the doctrine of lis pendens prevents a party from altering the character of disputed property while the suit is pending
- Contempt cannot be founded on orders that have lapsed and ceased to exist by operation of law
Court orders
#- 1.Pending the hearing and determination of the suit, a temporary injunction restraining the Defendants/Respondents, their agents, servants or any person acting under their instructions, from constructing, building, developing, erecting permanent or temporary structures, fencing, selling, transferring, alienating, charging or otherwise dealing with LR No. 209/9002/2 and LR No. 209/9002/3
- 2.The Officer Commanding Station (OCS) Spring Valley Police Station directed to supervise and ensure compliance with the strict terms of the orders at the expense of the Defendants/Respondents
- 3.Costs of the application awarded to the Plaintiffs
- Jurisdiction invoked
- Inherent jurisdiction under the Civil Procedure Rules, Order 40 Rule 6, to restore lapsed interlocutory injunctive orders pending determination of the suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kungu & another (As Administrators of the Estate of Damian Cosmas Kungu alias Damian Cosmas Kungu Muhinja - Deceased) v Kibagare Slums Association Sued through Abdi Godana Dida & David M. Nyaga, Its Officials and Trustees; National Land Commission (NLC) (Interested Party) (Environment and Land Case 64 of 2020) [2025] KEELC 7731 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7731/eng@2025-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.