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ELCStruck OutMiscellaneous Application dated 4th August 2025 (High Court, Nairobi)· [2026] KEELC 350 (KLR)

Muchui v Nairobi City County Gov’t (Environment and Planning Miscellaneous Application E011 of 2025) [2026] KEELC 350 (KLR)

High Court of Kenya
29 January 2026
AOA. Omollo
1,841 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The High Court struck out a landowner's application for a permanent injunction because you cannot get final court orders before a full trial, and no actual suit existed.

What this practically means

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Executive summary

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The Applicant, registered proprietor of L.R. No. 36 Section 1, Eastleigh, Nairobi, moved the court by notice of motion dated 4th August 2025 seeking a temporary injunction restraining Nairobi City County from demolishing, interfering with, or evicting tenants from the suit property, and a 'permanent injunction' on the same terms pending hearing of the main suit. She alleged that the County issued public health and enforcement notices in July 2025 and threatened demolition without affording her a hearing, contrary to Article 47 and the Fair Administrative Action Act. The Respondent, through its Principal Development Control Officer, explained that a routine inspection revealed the development lacked approvals and had structural defects, and that enforcement notices were lawfully issued under the Physical and Land Use Planning Act and the National Building Code in the public interest. The Applicant filed a further affidavit stating she had applied for renovation authorisation and that the building was vacant and posed no danger. The court held that the only substantive prayer before it sought a permanent injunction, which cannot issue at an interlocutory stage on affidavit evidence, citing Ngatuny v Mosoiko and Joseph Gitahi Gachau v Pioneer Holdings. It further noted that the matter was a miscellaneous application with no substantive suit pending, so orders 'pending determination of the suit' were untenable. Declining to reach the merits, the court struck out the application as incompetent, discharged the interim injunction, and ordered each party to bear their own costs.

Key legal issues

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01

Competence of seeking a permanent injunction at an interlocutory stage

Holding

The prayer is legally untenable; permanent injunctions only issue after full trial of the suit

Reasoning

Relying on Court of Appeal authority in Ngatuny v Mosoiko and Joseph Gitahi Gachau v Pioneer Holdings, the court held that a final injunction cannot be granted on affidavit evidence before substantive issues are tried. The contested issues of approvals, structural safety and legality of the enforcement required full analysis and possibly oral evidence.

p. 4
02

Absence of a substantive suit

Holding

The matter was incompetent because it was brought as a miscellaneous application with no suit pending to which interim orders could attach

Reasoning

The court noted that prayer (c) sought orders pending determination of 'the suit', yet no suit existed since the matter originated as a miscellaneous application. Once the application was determined there would be nothing pending, rendering the form of relief untenable.

p. 4

Legal principles established

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  • A permanent injunction can only issue at the conclusion of a suit after determination of the parties' rights, not on affidavit evidence at an interlocutory stage
  • A miscellaneous application with no pending substantive suit cannot support orders 'pending determination of the suit'

Court orders

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  1. 1.The application dated 4th August 2025 is incompetent and is struck out
  2. 2.Each party shall bear their own costs
  3. 3.The existing orders for interim injunction are automatically discharged
Jurisdiction invoked
Not expressly stated; matter brought as a miscellaneous application seeking injunctive relief against the Respondent's enforcement actions

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, "Muchui v Nairobi City County Gov’t (Environment and Planning Miscellaneous Application E011 of 2025) [2026] KEELC 350 (KLR)", Case Analysis (2026). Miscellaneous Application dated 4th August 2025 (High Court, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/350/eng@2026-01-29

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