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ELCDismissedNot stated in the judgment (ELC suit at Narok; Notice of Motion dated 22nd May 2025)· [2025] KEELC 8105 (KLR)

Nirestein & another v Taga & 3 others (Environment and Land Case E003 of 2024) [2025] KEELC 8105 (KLR)

Environment and Land Court
20 November 2025
LGL. Gacheru
6,590 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Narok dismissed the Mara Napa Luxury Camp applicants' injunction bid because they offered claims without evidence and ignored existing court orders.

What this practically means

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Executive summary

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The Plaintiffs/Applicants, who filed this suit on 16th February 2024 seeking declarations that the 1st and 3rd Defendants acquired Cis-Mara/Talek parcels 406, 407 and 408 (on which the Mara Napa Luxury Camp stands) fraudulently and in trust for the Maasai community, brought a Notice of Motion dated 22nd May 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 40 and 51 of the Civil Procedure Rules. They sought injunctive orders restraining the Defendants from carting away movable assets and harassing them, orders against the OCPDs of Mulot and Talek Police Stations, restoration of the status quo ante, and alternatively the appointment of an independent manager. The 1st Applicant alleged that the Defendants disobeyed earlier injunctions of 23rd May 2024 and 28th August 2024, deployed police to occupy the camp, and used the criminal justice system to settle a civil dispute. The Defendants opposed through Grounds of Opposition and submissions, arguing the prayers duplicated existing orders, that injunctions in personam cannot issue against non-party police stations, that they are registered proprietors, and that the application was forum shopping and an abuse of process. The court noted the applicants already hold two sets of injunctive orders and that alleged breaches should be pursued through contempt proceedings. Finding no evidence (photographic or otherwise) of asset removal or police occupation, the court held no prima facie case was established, and since the Giella conditions are sequential, the application failed at the first hurdle. The mandatory injunction prayer also failed, the applicants not having satisfied the exceptional-circumstances test nor come with clean hands, having not complied with an earlier order to account for camp revenue. The application was dismissed entirely, with costs in the cause, the parties directed to prepare the main suit for expeditious hearing and encouraged to resolve the dispute through ADR.

Key legal issues

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01

Whether the applicants established a prima facie case with probability of success

Holding

They did not; allegations of carting away of assets and police occupation were unsubstantiated by evidence

Reasoning

The court held that allegations must be backed by evidence. The applicants alleged removal of movable assets and presence of about 27 police officers manning the camp but attached no photographic or documentary proof. The court also noted the applicants already enjoy two sets of injunctive orders from earlier rulings in the same suit, and any breach should be pursued as contempt rather than by a fresh injunction application.

p. 11
02

Whether the subsequent principles (irreparable harm, balance of convenience) need consideration

Holding

No; failure at the first sequential hurdle is fatal

Reasoning

Relying on Nguruman Ltd v Jan Bonde Nielson, the court held the injunction conditions are applied as separate, distinct and logical hurdles to be surmounted sequentially. Having failed to establish a prima facie case, the application fails at the first stage and the court need not consider irreparable injury or balance of convenience.

p. 11
03

Whether a temporary mandatory injunction (independent manager) could issue

Holding

No; the case is not clear, the act is not simple and summary, and there is no attempt to steal a march

Reasoning

Applying the Kenya Breweries v Okeyo conditions, the court found the dispute contested and ownership unresolved; granting the prayer would determine contested issues with finality at the interlocutory stage. The applicants also had not complied with an earlier order to account for camp revenue, offending the clean hands doctrine.

p. 12

Legal principles established

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  • The three Giella conditions for an interlocutory injunction are sequential hurdles which must each be surmounted in turn
  • A party in contempt of existing injunctive orders must move the court through a contempt application, not a fresh injunction application
  • A temporary mandatory injunction is granted sparingly and only in clear, exceptional cases
  • He who seeks equitable relief must come with clean hands and fulfil outstanding obligations

Court orders

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  1. 1.The Notice of Motion Application dated 22nd May 2025 is dismissed entirely
  2. 2.Costs to be in the cause
  3. 3.Parties directed to prepare the main suit for hearing, to be heard expeditiously
  4. 4.Parties urged to desist from filing numerous interlocutory applications and to attempt resolution through ADR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 40 and 51 of the Civil Procedure Rules, 2010; Environment and Land Court Act

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, "Nirestein & another v Taga & 3 others (Environment and Land Case E003 of 2024) [2025] KEELC 8105 (KLR)", Case Analysis (2025). Not stated in the judgment (ELC suit at Narok; Notice of Motion dated 22nd May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8105/eng@2025-11-20

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