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ELCDismissedELC No. E037 OF 2022· [2026] KEELC 177 (KLR)

Njenga v Chumba & another; Agola & another (Interested Parties) (Environment and Land Case E037 of 2022) [2026] KEELC 177 (KLR)

Environment and Land Court
21 January 2026
ANA. Nyukuri
1,047 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kakamega dismissed land applicants' bid for status quo orders, ruling speculation is no substitute for a strong case.

What this practically means

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Executive summary

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The interested parties filed a Notice of Motion dated 5th November 2024 in ELC No. E037 OF 2022 seeking status quo orders concerning land parcel Kakamega/Soy/219 and a stay of injunction applications and proceedings in Kakamega MC L & E Case No. E253 OF 2023 and any other court. They feared the 1st defendant would interpret the court's ruling of 23rd September 2024 - which had dismissed the plaintiffs' earlier injunction application - as permitting him to enter, encroach, trespass, subdivide, charge, mortgage, lease or use 16.8 acres of the suit property, rendering the suit nugatory. The 1st defendant opposed the application, contending the applicants had not met the threshold, had not ascertained their interest in the property, and were guilty of laches. The application was disposed of by written submissions. The court framed a single issue: whether the applicants deserved the orders sought. On the stay prayer, the court held that the proceedings in the magistrate's court were not the subject of the instant suit and, as the court was exercising original rather than appellate jurisdiction, it lacked jurisdiction to stay them; that prayer was declined. On the status quo prayer, the court applied the Giella v Cassman Brown test and Mrao Ltd's definition of a prima facie case, finding the applicants' apprehension mere speculation and no demonstration of a prima facie case; consequently the issues of irreparable injury and balance of convenience fell away. The application was dismissed with costs to the 1st defendant.

Key legal issues

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01

Jurisdiction to stay proceedings in another court

Holding

The ELC, exercising original jurisdiction, cannot stay proceedings in a subordinate court which are not the subject of the suit before it

Reasoning

The court noted that the proceedings in Kakamega MC L & E Case No. E253 OF 2023 were not the subject of the instant suit and the applicants had not invoked the court's jurisdiction over them. The court was exercising original, not appellate, jurisdiction, hence lacked power to stay those proceedings.

p. 2
02

Entitlement to status quo/temporary injunction orders

Holding

Status quo orders are injunctive in nature and require the Giella v Cassman Brown criteria; the applicants' apprehension of misinterpretation of an earlier order was mere speculation and they failed to establish a prima facie case

Reasoning

The applicants sought status quo orders based on speculation that the 1st defendant might misinterpret the ruling of 23rd September 2024 dismissing their earlier injunction application. The court found the order clear and nothing in the supporting affidavit demonstrated deserving orders of temporary injunction.

p. 3

Legal principles established

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  • To obtain a temporary injunction, an applicant must demonstrate a prima facie case with chances of success, irreparable loss not atonable in damages, and, where in doubt, the balance of convenience
  • In the absence of a prima facie case, the questions of irreparable injury and balance of convenience do not arise

Court orders

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  1. 1.The application dated 5th November 2024 is dismissed
  2. 2.Costs of the application awarded to the 1st defendant
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Order 40 Rule 1 of the Civil Procedure Rules (temporary injunction/status quo)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Njenga v Chumba & another; Agola & another (Interested Parties) (Environment and Land Case E037 of 2022) [2026] KEELC 177 (KLR)", Case Analysis (2026). ELC No. E037 OF 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/177/eng@2026-01-21

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