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ELCDismissedMotion dated 28-7-2025 in suit concerning L.R 11674 (referenced in part to Thika CMCC 308 of 2018)· [2025] KEELC 8292 (KLR)

Kakuzi Plc v Ndeto & 25 others (Environment and Land Case E047 of 2025) [2025] KEELC 8292 (KLR)

Environment and Land Court
25 November 2025
1,243 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused Kakuzi's bid to evict 25 occupants of its land before trial, holding that eviction at an early stage requires exceptionally strong reasons.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court (M. N. Gicheru, J) determines a Notice of Motion dated 28-7-2025 by Kakuzi PLC, the registered owner of L.R 11674, seeking interlocutory injunctions restraining the 1st to 25th defendants from entering, occupying or developing the suit land, an order for their immediate vacant possession, and an order compelling the 26th defendant (OCPD Makuyu) to remove the trespassers and their structures. The plaintiff alleged that on 24-7-2025, led by the area Member of Parliament, a group invaded the land, surveyed it and erected eleven structures, despite an MOU of 11-5-2020 relating only to a defined area. The defendants, through replying affidavits, asserted long occupation, an MOU acknowledging their presence and an arrangement under which only ten of thirty-five families had been allocated land, and they claimed an overriding interest under Section 28 of the Land Registration Act. Both sides accepted that the Giella v Cassman Brown principles applied. The court held that the orders, especially the prayer for vacation and vacant possession, were mandatory in nature, requiring proof of special circumstances. None were established given the defendants' claimed consent-based possession and overriding interest. Further, evicting the defendants at the interlocutory stage would deny them the fair hearing guaranteed by Article 50(1) of the Constitution. The motion was dismissed with costs in the cause.

Key legal issues

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01

Characterisation of the orders sought

Holding

The orders, particularly prayer 6 requiring the defendants to vacate and grant vacant possession, are mandatory in nature because they require the defendants to do a positive act rather than refrain from one

Reasoning

The court reasoned that requiring the defendants to vacate and deliver possession presupposes they are already in occupation, so the relief is not merely prohibitory. Mandatory relief at an interlocutory stage attracts a higher threshold of special circumstances, which framed the rest of the analysis.

p. 3
02

Special circumstances for mandatory injunction

Holding

No special circumstances were established because the defendants claim possession with the plaintiff's consent and an overriding interest under Section 28 of the Land Registration Act

Reasoning

The defendants asserted long occupation, an MOU acknowledging their presence and an arrangement to allocate land, with only ten of thirty-five families settled. These claims, if true, disclose an overriding interest, defeating the special circumstances needed for mandatory relief at the interlocutory stage.

p. 3
03

Fair hearing under Article 50(1)

Holding

Granting the eviction orders at the interlocutory stage would evict the defendants without due process and without being heard

Reasoning

The court held that granting the final relief sought in the plaint at an interlocutory stage would deny the defendants a fair hearing guaranteed by Article 50(1) of the Constitution. Due process requires that parties in occupation be heard before eviction, so the motion failed on this ground as well.

p. 4

Legal principles established

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  • A mandatory injunction on interlocutory application will not normally be granted in the absence of special circumstances
  • Eviction should only be ordered at the interlocutory stage in the clearest of cases
  • Final relief sought in a plaint cannot be granted at the interlocutory stage without a fair hearing, per Article 50(1) of the Constitution

Court orders

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  1. 1.The Notice of Motion dated 28-7-2025 is dismissed
  2. 2.Costs in the cause
Jurisdiction invoked
Articles 10(2)(a) and (c) and 40(1) of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Orders 40 Rules 1, 2, 4(1) and 51 Rule 1 of the Civil Procedure Rules; Section 13(7)(a) of the Environment and Land Court Act; Sections 24 and 25(1) of the Land Registration Act; Section 3(1) of the Trespass 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, "Kakuzi Plc v Ndeto & 25 others (Environment and Land Case E047 of 2025) [2025] KEELC 8292 (KLR)", Case Analysis (2025). Motion dated 28-7-2025 in suit concerning L.R 11674 (referenced in part to Thika CMCC 308 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8292/eng@2025-11-25

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