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ELCPartially AllowedNotice of Motion application dated 31st January, 2025 (in Originating Summons dated 31st January, 2025)· [2026] KEELC 121 (KLR)

Koech v Koskei & 4 others (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 121 (KLR)

Environment and Land Court
22 January 2026
4,574 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Kericho court stopped the sale and transfer of disputed land, protecting a man's adverse possession claim until the full case is heard.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Ezekiel Koech, moved the Environment and Land Court at Kericho by Notice of Motion dated 31st January, 2025 seeking a temporary injunction restraining the Defendants/Respondents from alienating, sub-dividing, selling, demarcating or transferring land parcel No. Kericho/Boito/313 pending hearing of an Originating Summons in which he claims title to a five-acre portion by adverse possession. He relied on four land sale agreements dated between 2005 and 2011, contending he took possession, developed the land (fencing, tea, dairy and permanent house) and has been in open, continuous occupation for over twelve years. The 1st to 3rd Defendants filed Grounds of Opposition arguing the suit offends the Law of Succession Act, that the land belongs to the estate of the deceased registered owner, Kipkoske Arap Sinei (died 14th January, 2004), that the Plaintiff intermeddled with the estate contrary to Section 45, lacks locus standi, and that the court lacks jurisdiction. The court framed three issues: locus standi, merits of the application, and costs. It found the locus standi issue moot since the Plaintiff sues in his own capacity. Applying Giella v Cassman Brown and related authorities, the court found a prima facie case (the Defendants did not dispute his occupation), irreparable injury given the land's unique and irreplaceable nature, and that the balance of convenience favoured the Applicant who is in occupation. Issues of intermeddling and proof of adverse possession were reserved for trial. Prayer 2 was refused as anticipatory. The application partially succeeded: a temporary injunction issued, with costs of the application abiding the outcome of the suit.

Key legal issues

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01

Whether the Applicant has locus standi to commence the proceedings

Holding

The issue is moot; the Applicant sues in his own capacity and it is unclear to whose estate he would have needed a grant

Reasoning

The Defendants argued the Applicant needed a grant of representation before instituting the suit. The court found the Applicant was suing in his own capacity claiming adverse possession, and could not discern whose estate a grant would relate to. The court therefore declared the issue moot without resolving it substantively.

p. 7
02

Whether the Applicant met the threshold for a temporary injunction

Holding

Yes - prima facie case, irreparable injury and balance of convenience all established; temporary injunction granted

Reasoning

Applying Giella v Cassman Brown, the court found the Applicant demonstrated a prima facie case through the land sale agreements and the Defendants' non-dispute of his occupation, that he would suffer irreparable damage not compensable in damages given the land's uniqueness, and that the balance of convenience favoured him since he is in occupation and use of the land.

p. 10
03

Whether the Applicant intermeddled with the estate of the deceased and whether he has proved adverse possession

Holding

These are matters for trial, not the interlocutory application

Reasoning

The Defendants raised intermeddling contrary to Section 45 of the Law of Succession Act and the merits of the adverse possession claim. The court held these issues cannot be determined at the interlocutory stage and should be raised and addressed at the hearing of the main suit.

p. 10

Legal principles established

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  • Conditions for grant of interlocutory injunctions: prima facie case with probability of success, irreparable injury not adequately compensable by damages, and balance of convenience if in doubt
  • Definition of a prima facie case in a civil application
  • General rule on costs - costs follow the event under Section 27 of the Civil Procedure Act

Court orders

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  1. 1.A temporary injunction restraining the Defendants/Respondents, their servants, agents and/or representatives from alienating, sub-dividing, selling and/or transferring land parcel No. Kericho/Boito/313 pending the hearing and determination of the suit
  2. 2.Costs of the application shall abide the outcome of the suit

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Civil Procedure ActSections 1, 1A, 3, 3A, 63(e), 27
  • Civil Procedure RulesOrder 40 Rule 1(a), Order 51 Rule 1
  • Law of Succession ActCap 160, Sections 45, 55

Cases cited (7)

  • Giella vs Cassman Brown & Co. Ltd
    [1973] EA 358
  • Gavala v. Atonya
    (Environment & Land Case E006 of 2022) [2022] KEELC 14916 (KLR) (17 November 2022) (Ruling)
  • Mrao Limited vs. First American Bank of Kenya & 2 Others
    [2003] eKLR
  • Nguruman Limited vs. Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • Pius Kipchirchir Kogo vs Frank Kimeli Tenai
    [2018] eKLR
  • Gabriel Mbui v Mukindia Maranya
    [1993] eKLR
  • Wambugu vs Njuguna
    [1983] KLR 172
Jurisdiction invoked
Article 40 of the Constitution of Kenya; Sections 1, 1A, 3, 3A & 63(e) of the Civil Procedure Act; Order 40 Rule 1(a) & Order 51 Rule 1 of the Civil Procedure Rules

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, "Koech v Koskei & 4 others (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 121 (KLR)", Case Analysis (2026). Notice of Motion application dated 31st January, 2025 (in Originating Summons dated 31st January, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/121/eng@2026-01-22

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