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ELCDismissedNot stated in judgment· [2026] KEELC 319 (KLR)

Kibor v Ngetich; Jepchirchir & 3 others (Interested Parties) (Environment and Land Case 21 of 2022) [2026] KEELC 319 (KLR)

Environment and Land Court
26 January 2026
446 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 at Kapsabet refused to lift interim orders protecting disputed land, keeping them in place until a preliminary objection is heard.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Kapsabet delivered by Hon. G M A Ongondo, Judge, on 26th January 2026. The defendant/respondent, through Mr. Ngigi Mbugua, applied for the vacation of ex-parte interim orders issued on 10th December 2025, contending that the matter was concluded and that the orders had been sought for punitive intention; counsel also sought priority hearing of a preliminary objection dated 23rd January 2025. The interested parties, through Ms. Tanui Chepchumba, opposed the vacation in part, submitting that the interim orders served to preserve the suit land and that lifting them would prejudice the other parties. The defendant replied that it had not consented to the extension of the orders as provided by law. The plaintiff did not appear. Relying on the Court of Appeal decision in Ogada v Mollin (2000) eKLR on the necessity of service and the essence of interim preservation orders, and invoking its powers under Sections 3, 13(7) and 19 of the Environment and Land Court Act, Sections 3 and 3A of the Civil Procedure Act, and Articles 48, 25(i) and 50(1) of the Constitution, the court disallowed the vacation application, preserving the interim orders. It directed service of the preliminary objection on all parties within three days, gave it priority to be heard by written submissions with a 14/21-day filing timetable, and fixed 18th May 2026 for compliance and further directions. No costs order was made.

Key legal issues

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01

Whether interim preservation orders granted ex-parte should be vacated merely because the matter is said to be concluded

Holding

The application for vacation was disallowed; the interim orders remain in force to preserve the suit land

Reasoning

The court noted the interested parties' position that the interim orders preserve the suit land and that lifting them would prejudice the parties. The defendant argued the orders were sought for punitive intention and had not been consented to for extension, but the court, guided by its statutory and constitutional powers and the Ogada v Mollin authority on service and preservation, declined to vacate the orders and instead directed service and priority hearing of the preliminary objection.

p. 1
02

Whether the preliminary objection should be heard on a priority basis

Holding

The court directed that the preliminary objection be served on all parties, given priority, and heard by way of written submissions

Reasoning

Having disallowed the vacation application, the court facilitated the hearing of the preliminary objection dated 23rd January 2026 by directing service within three days, priority listing, and a timetable for exchange of written submissions, with a compliance date of 18th May 2026.

p. 2

Legal principles established

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  • Service of documents and interim preservation orders are essential to protect parties from prejudice pending determination
  • The court is clothed with inherent and statutory powers to issue orders for the ends of justice

Court orders

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  1. 1.The application for vacation of the interim orders of 10th December 2025 is disallowed
  2. 2.The Defendant/Respondent's Preliminary Objection dated 23rd January 2026 to be served on all parties including the interested parties' counsel within three days
  3. 3.The preliminary objection to be given priority and heard by way of written submissions
  4. 4.Submissions to be filed and served within 14 days after service of the preliminary objection and 21 days upon service of the Defendant/Respondent's submissions respectively
  5. 5.The preliminary objection set for 18th May 2026 to confirm compliance and for further directions
Jurisdiction invoked
Sections 3, 13(7) and 19 of the Environment and Land Court Act 2015; Sections 3 and 3A of the Civil Procedure Act (Cap 21); Articles 48, 25(i) and 50(1) of the Constitution of Kenya 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, "Kibor v Ngetich; Jepchirchir & 3 others (Interested Parties) (Environment and Land Case 21 of 2022) [2026] KEELC 319 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/319/eng@2026-01-26

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