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ELCPartially Allowed· [2025] KEELC 8626 (KLR)

Bohemian Fairtrade Self Help Group (Suing through their registered officials Solomon Ommani (Chairman), Ibrahim Omare Ombasa (Secretary), Wycliff Odhiambo Wamalwa (Treasurer) v Amin (Land Case E036 of 2025) (Environment and Land) [2025] KEELC 8626 (KLR)

Environment and Land Court
11 December 2025
MOM.C. Oundo
4,144 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Naivasha protected a registered landowner's possession by freezing the situation until the ownership dispute is fully heard.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Bohemian Fairtrade Self Help Group, moved the Environment and Land Court at Naivasha by Notice of Motion dated 24th July 2025 under Order 40 rules (1) and (2) and Order 50 rule (1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, seeking an interlocutory injunction restraining the Defendant/Respondent from entering, remaining on, fencing, subdividing or otherwise interfering with LR Naivasha/Maraigushu Block 10/991 and Block 10/358-373 (Kedong), plus enforcement by the OCS Kongoni and costs. The Applicant claimed to be the registered proprietor, a successor of Oserian Fairtrade Self Help Group, in possession since acquisition, and alleged the Respondent began measuring and fencing the land in July 2025. The Respondent opposed, contending his deceased father had sold 17 plots to the Group for Ksh.12,200,000/= of which only Ksh.3,600,000/= was paid, that the land was fraudulently transferred during his father's illness, that parcel 10/991 was never sold, and that the Applicant's titles were fraudulently procured in breach of prohibitory orders. The Applicant replied that the Respondent lacked locus standi, had not proved representation of the estate, and that its titles were unimpugned. Applying Giella v Cassman Brown and Mrao v First American Bank, and guided by Section 25 and 26(1) of the Land Registration Act and Article 40(6) of the Constitution, Oundo J held the registered Applicant had established a prima facie case, would suffer irreparable harm absent orders, and that the balance of convenience favoured preservation. Rather than the absolute injunction sought, the court granted a defined status quo order, directed the OCS Kongoni to ensure compliance, made costs in the cause, and directed compliance with Order 11 within 21 days.

Key legal issues

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01

Whether the Plaintiff/Applicant established a prima facie case with a probability of success

Holding

The Plaintiff, as registered proprietor of the suit parcels with titles that on their face were properly acquired, established a prima facie case; the validity of the title could not be finally determined at the interlocutory stage.

Reasoning

The court applied Section 25 and Section 26(1) of the Land Registration Act and Article 40(6) of the Constitution on indefeasibility of title. Registration conferred on the Applicant all rights and privileges free from other claims, subject only to challenge on grounds of fraud or misrepresentation to which the proprietor is proved a party, or illegal, unprocedural or corrupt acquisition. The Respondent alleged fraud but produced no evidence of revocation or recall of title. The burden therefore shifted to the Respondent, and mere proof of registration sufficed for a prima facie case without resolving contested facts.

p. 7
02

Whether the Applicant would suffer irreparable harm absent an injunction, and where the balance of convenience lies

Holding

The Applicant was in possession and occupation; refusing orders could lead to a premature eviction causing irreparable harm, and the balance of convenience favoured granting relief by way of a defined status quo order.

Reasoning

It was undisputed that the Applicants were in possession and occupation of the suit premises. The court reasoned that without interim orders there could be an eviction which, at the interlocutory stage, would be premature and would cause irreparable harm to the Applicants. Drawing on the principle that the court at this stage does not resolve conflicts of evidence on affidavit (American Cyanamid), the court weighed the relative strength of the parties' cases and found the balance of convenience favoured preservation of possession through a status quo order rather than the absolute injunction sought.

p. 7

Legal principles established

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  • A registered proprietor holding duly registered certificates of title, which on their face were properly acquired, establishes a prima facie case at the interlocutory stage, and the burden shifts to the party impugning the title to show it is challengeable in law.
  • Where a registered title is impugned as fraudulently or irregularly issued, due process must be followed to have the title revoked, cancelled or annulled; mere assertion of fraud does not defeat indefeasibility.
  • In land matters, status quo orders should always be issued at the interlocutory stage for purposes of preserving the subject matter.

Court orders

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  1. 1.Order of status quo to be maintained by all parties, the Plaintiff/Applicant being in possession and occupation of LR Naivasha/Maraigushu Block 10/991 and LR Naivasha/Maraigushu Block 10/358-373 (Kedong) as at the time of filing the suit, with no eviction or disruption of the said occupation
  2. 2.The Applicants shall not deal with the land adversely
  3. 3.Status quo to be maintained by all parties until the matter is finally heard and determined
  4. 4.Officer Commanding Station (OCS) Kongoni Police Station directed to ensure compliance with the orders
  5. 5.Costs of the application to be in the cause
  6. 6.Parties to comply with the provisions of Order 11 of the Civil Procedure Rules within the next 21 days for the hearing of the main suit

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 rules (1) and (2)
  • Civil Procedure RulesOrder 50 rule (1)
  • Civil Procedure RulesOrder 11
  • Civil Procedure ActSection 3A
  • Land Registration ActSection 25
  • Land Registration ActSection 26(1)
  • Constitution of KenyaArticle 40(6)
  • Limitation of Actions ActNot specified (referred to generally by the Applicant)
  • Gazette Notice No. 3461/2025 Practice Direction No. 23(l)Practice Direction No. 23(l) (status quo orders)

Cases cited (5)

  • Giella vs Cassman Brown
    (1973) EA 358
  • Mrao vs First American Bank of Kenya Limited & 2 Others
    (2003) KLR 125
  • American Cyanamid Co. vs Ethicon Limited
    (1975) 1 ALL ER 504; (1975) A.C. 396 HL
  • Arthi Highway Developers Limited v West End Butchery Limited & 6 Others
    [2015] KECA 816 (KLR)
  • Mugah –v- Kunga
    [1988] KLR 748
Jurisdiction invoked
Order 40 rules (1) and (2), Order 50 rule (1) of the Civil Procedure Rules and Section 3A of the Civil Procedure 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, "Bohemian Fairtrade Self Help Group (Suing through their registered officials Solomon Ommani (Chairman), Ibrahim Omare Ombasa (Secretary), Wycliff Odhiambo Wamalwa (Treasurer) v Amin (Land Case E036 of 2025)  (Environment and Land) [2025] KEELC 8626 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8626/eng@2025-12-11

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