Mitchell Cotts EPZ Limited v Export Processing Zones Authority (Environment and Land Case Civil Suit E038 of 2024) [2026] KEELC 58 (KLR)
The bottom line
#A Kenyan court ordered EPZ Authority to hand over railway siding drawings but ruled you cannot get an injunction against the Government.
What this practically means
#Executive summary
#Key legal issues
#Compelled disclosure of the railway siding design documents
Discovery ordered: the plaintiff established sufficient grounds for discovery because the defendant did not object and did not respond to the 19th April 2023 request for the drawings.
The court relied on Section 22 of the Civil Procedure Act read with Article 35(1)(b) of the Constitution, adopting the purposive view of discovery in Oracle Productions and Halsbury's Laws of England. Despite difficulty tracing the request letter within a nearly 300-page combined annexure, the court was satisfied the defendant received the letter on 20th April 2023 and did not respond. The relief was found merited, subject to the defendant still being in possession of the drawings.
Whether an injunction can issue against a government entity
No. An injunction against the defendant, a State Corporation, is barred by Section 16(1)(i) of the Government Proceedings Act and Order 29 Rule 2(2) of the Civil Procedure Rules.
The court noted from paragraph 2 of the plaint that the defendant is a State Corporation established under Section 3 of the Export Processing Zones Act, i.e. a government entity. Relying on Gakundu Farmers Co-operative Society, it held the statutory bar expressly forbids injunctions against the Government; only declaratory relief may lie in lieu. The injunction limb was therefore found vexatious and untenable without examining the merits of the Giella threshold.
Whether the plaintiff met the legal threshold for injunctive relief
Not determined, as the injunction relief was untenable for statutory reasons.
The court expressly stated that once the injunction was found barred against a government entity, determining the second limb (the merits threshold for an injunction) was unnecessary. No findings were made on the Giella principles or on the parties' rival contentions about the 24-month development deadline, the extension request, or alleged breach of contract.
Legal principles established
#- Injunctions and orders for specific performance cannot be granted against the Government; the court may instead grant a declaratory order.
- The court's discovery powers under Section 22 of the Civil Procedure Act, read with Article 35(1)(b) of the Constitution, are broad but must be exercised judiciously to facilitate a fair trial.
Court orders
#- 1.The defendant shall, and subject to being in possession thereof, within 60 days hereof and at the plaintiff's cost, furnish the plaintiff with the detailed technical drawings of the railway siding designs as requested in the plaintiff's letter of 19th April 2023
- 2.Costs of the motion shall abide by the outcome of the main suit
- 3.A mention date shall be given for purposes of pretrial directions
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 40 Rules 1 and 2 and 51 Rule 1 of the Civil Procedure Rules, 2010 (first-instance civil application)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mitchell Cotts EPZ Limited v Export Processing Zones Authority (Environment and Land Case Civil Suit E038 of 2024) [2026] KEELC 58 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/58/eng@2026-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.