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ELCDismissedNot stated in judgment· [2026] KEELC 301 (KLR)

Ali & 4 others v Kakaa & another (Land Case (Originating Summons) E012 of 2025) [2026] KEELC 301 (KLR)

Environment and Land Court
28 January 2026
NMN.A. Matheka
1,854 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Machakos land court refused to block a sale or sub-division of disputed group land because nobody could prove who actually leads the group claiming to own it.

What this practically means

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Executive summary

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The Applicants, claiming to act for and with members of Katani Plain Self Help Group, moved the court by notice of motion dated 7th March 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010. They sought a temporary injunction restraining the 1st and 2nd Respondents from sub-dividing, alienating or selling property known as LR No. 7283/16, said to be registered in the name of Katani Plain Self Help Group (the 5th Applicant), without the group's authority. It was contended that the 1st Respondent is a member of the group and the 2nd Respondent is not. The 1st Respondent opposed the application, contending that the Applicants had no locus standi and no mandate from the group to sue, and that they were guilty of non-disclosure of material facts; he asserted that he was the Chairman of the group and not an applicant, and that the 2nd Applicant was the Treasurer rather than the Secretary. The court restated the law on locus standi (Alfred Njau, Law Society of Kenya, Mumo Matemo) and on temporary injunctions (Giella v Cassman Brown, Nguruman, Mrao, Kogo, Amir Suleiman, Robert Mugo wa Karanja). It found that, on the material filed, neither membership and leadership of the group nor the parties' connection to the land could be ascertained, so the locus standi objection failed at that stage. However, the court was convinced that the risk of granting the injunction outweighed the risk of refusing it, since the documents and annexures had not been interrogated. The application was dismissed with costs, with the suit to proceed to full hearing.

Key legal issues

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01

Locus standi of the Applicants

Holding

The objection on locus standi failed because on the material before the court it was not possible to ascertain whether the Applicants had standing

Reasoning

The 1st Respondent claimed to be Chairman of the group, not an applicant, and disputed the 2nd Applicant's office. Neither side produced evidence of membership, leadership or authority of the group to sue. The court therefore could not determine standing at the interlocutory stage and rejected the objection.

p. 3
02

Whether a temporary injunction should issue

Holding

The application for a temporary injunction was found not merited and dismissed

Reasoning

The court applied the Giella/Nguruman tests. It noted the membership of the 1st Respondent, the 2nd Respondent's connection to the land and the leadership structure of the group were unclear, and that the relevant documents and annexures had not been interrogated. On that state of the record the balance of risk lay in refusing the injunction pending full hearing.

p. 5

Legal principles established

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  • Locus standi means the right to appear before and be heard in a court of law; without it a party cannot be heard even if the case is meritorious
  • The conditions for a temporary injunction are settled in Giella v Cassman Brown and restated in Nguruman Limited v Jan Bonde Nielsen: prima facie case, irreparable injury and balance of convenience, applied sequentially

Court orders

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  1. 1.The application dated 7th March 2025 is dismissed with costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure Rules, 2010Order 40 Rule 1(a)(b); Order 51 Rule 1

Cases cited (9)

  • Alfred Njau & Others v City Council of Nairobi
    (1982) KAR 229
  • Law Society of Kenya v Commissioner of Lands & Others
    Nakuru High Court Civil Case No. 464 of 2000
  • Mumo Matemo v Trusted Society of Human Rights Alliance & 5 Others
  • Giella v Cassman Brown
    (1973) EA 358
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    CA No. 77 of 2012 (2014) eKLR
  • Mrao Ltd v First American Bank of Kenya Ltd
    (2003) eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    (2018) eKLR
  • Amir Suleiman v Amboseli Resort Limited
    (2004) eKLR
  • Robert Mugo wa Karanja v Ecobank (Kenya) Limited & Another
    (2019) eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21; Order 40 Rule 1(a)(b) and Order 51 Rule 1 of the Civil Procedure Rules, 2010

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, "Ali & 4 others v Kakaa & another (Land Case (Originating Summons) E012 of 2025) [2026] KEELC 301 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/301/eng@2026-01-28

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