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ELCPartially Allowed· [2025] KEELC 8672 (KLR)

Mukua & 3 others v Maina & 3 others (Environment and Land Case E019 of 2023) [2025] KEELC 8672 (KLR)

Environment and Land Court
2 December 2025
JOJ. M Onyango
1,310 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court protected land occupants who held only ballot cards, but limited protection strictly to the plots they actually occupy.

What this practically means

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Executive summary

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The Plaintiffs/Applicants moved the Environment and Land Court at Thika by Notice of Motion dated 12th June 2024 seeking an injunction restraining the 1st Defendant/Respondent from interfering with eight parcels of land, Ruiru/Kiu Block 2 Githunguri/26171-26178, an inhibition against registration of dealings pending hearing of the main suit, police enforcement of the orders, and costs. The application was resisted through a Replying Affidavit sworn on 3rd July 2024, in which the 1st Respondent explained that he purchased the mother parcel from Stephen Mwangi Maina, a former director of Githunguri Constituency Ranching Company Ltd, obtained transfer through the deceased's administrator in 2016, took possession, litigated successfully in Milimani ELC Case No. 1391, and settled claims with several occupants by sale agreements, having no intention of selling the remaining parcels. The court framed a single issue: whether a temporary injunction should issue. Applying Giella v Cassman Brown, Mrao and Nguruman, the court found the Applicants, though not registered owners and relying on ballot cards, had shown a prima facie case given their undisputed occupation, and that sale before determination would cause irreparable loss, warranting preservation. However, relief was confined to the four parcels the Applicants actually occupy. Delivered virtually at Thika on 2nd December 2025, the court maintained the status quo on parcels 26173, 26176, 26177 and 26178, issued an inhibition on those parcels until the main suit is determined, and ordered costs in the cause.

Key legal issues

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01

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

Holding

Yes - although not registered owners and relying only on ballot cards, their undisputed occupation of portions registered in the 1st Respondent's name showed a bona fide question

Reasoning

The Applicants produced ballot cards for plots in the mother title Ruiru/Kiu Block 2/4546, which had been subdivided into parcels registered in the 1st Defendant's name. Applying Nguruman, title need not be proven at the interlocutory stage; occupation of portions in the Respondent's name raised a fair bona fide question, sufficient for a prima facie case.

p. 3
02

Whether the Applicants would suffer irreparable loss not compensable by damages

Holding

Yes - if the suit property were sold before determination, the Applicants would suffer irreparable loss, justifying preservation

Reasoning

The Applicants feared the Respondent would sell the portions they occupy. The Respondent asserted he had no intention of selling the remaining parcels, but the court found the fears not far-fetched since sale before hearing would cause irreparable loss, necessitating preservation of the suit property pending trial.

p. 3

Legal principles established

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  • Applicants need not establish title to show a prima facie case; it is enough to show a fair and bona fide question as to the existence of the alleged right, proved on a balance of probabilities
  • Principles for interlocutory injunctions: prima facie case with probability of success, irreparable loss not compensable by damages, and balance of convenience if in doubt

Court orders

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  1. 1.The status quo prevailing as at the time of the ruling with regard to the occupation and use of land parcels number Ruiru/Kiu Block 2/Githunguri/26173, 26176, 26177 and 26178 shall be maintained
  2. 2.An order of inhibition issued inhibiting the registration of any dealings on land parcels number Ruiru/Kiu Block 2/Githunguri/26173, 26176, 26177 and 26178 until the main suit is heard and determined
  3. 3.Costs of the application to be in the cause

Authorities

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Cases cited (3)

  • Giella v Cassman Brown & Company Ltd
    (1973) E.A 358
  • Mrao v First American Bank of Kenya Limited
    (2003) eKLR
  • Nguruman Ltd v Jan Bonde Nielsen & 2 Others
    (2014) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land parcels within Ruiru/Kiu Block 2 (interlocutory application in a pending suit)

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, "Mukua & 3 others v Maina & 3 others (Environment and Land Case E019 of 2023) [2025] KEELC 8672 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8672/eng@2025-12-02

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