Migaa Golf Estate Residents’ Association v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 8346 (KLR)
The bottom line
#A Kiambu homeowners' association won a court order stopping quarry blasting near their homes until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants met the Giella v Cassman Brown conditions for a temporary injunction against quarrying and blasting
The application was allowed: the Applicants demonstrated a prima facie case, notably because the 3rd Respondent conceded that no change of user had been applied for, and public participation was questionable (only a banner hung at the gate). Irreparable harm was evidenced by a structural audit attributing cracks to blasting vibrations.
The court applied Giella v Cassman Brown and Nguruman, stressing that irreparable injury must be actual and not speculative. The Applicants produced expert studies (JM7, JM8) attributing house cracks to blasting vibrations and alleged infringement of the right to a clean environment, invoking the precautionary principle. The 3rd Respondent's own averments confirmed change of user had not been obtained and public participation consisted only of a banner the Applicants did not attend. Weighing the Rockland and balance-of-convenience principles, the court found the application merited, preserved the substratum of the suit, and granted the injunction with costs to the Applicants.
Legal principles established
#- An applicant for a temporary injunction must establish a prima facie case with a probability of success, irreparable loss not compensable by damages, and failing which the court decides on a balance of convenience (Giella v Cassman Brown).
- Irreparable injury must be real, actual and substantial, not speculative or a mere unfounded apprehension.
Court orders
#- 1.Order of injunction restraining any further blasting and quarrying activities on Land Reference No. 4888/2 Rioki Village, Kiambu County by the 3rd Respondent, its agents, employees or any other person acting under its authority or instructions, pending hearing and determination of the Petition
- 2.Pre-trial Conference reserved as issued for 19/01/2026 to prepare for viva voce hearing of the Petition
- 3.Costs of the application awarded to the Applicants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over environmental and land use disputes (interlocutory application in a pending Petition)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Migaa Golf Estate Residents’ Association v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 8346 (KLR)", Case Analysis (2025). Petition dated 2025 (Notice of Motion dated 17/07/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8346/eng@2025-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.