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ELCPartially AllowedNotice of Motion Application dated 13th June, 2025 (Eldoret ELC suit, number not stated in judgment)· [2026] KEELC 520 (KLR)

Keino v Uasin Gishu County Governor & another (Environment and Land Case E059 of 2025) [2026] KEELC 520 (KLR)

Environment and Land Court
5 February 2026
3,956 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Eldoret stopped Uasin Gishu County from building or making decisions on disputed land until ownership is decided at trial.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Eldoret (C. K. Yano, ELC Judge) on the Plaintiff's Notice of Motion dated 13th June, 2025 against the Uasin Gishu County Governor and Speaker, sued in their official capacities. The Plaintiff sought a temporary injunction restraining the Defendants from trespassing on, demolishing, constructing on or dealing with Eldoret Municipality Block 13/103 and 13/100, and a temporary prohibition order restraining them from making entries or decisions on the parcels. The Plaintiff claimed to have purchased the properties in the early 1990s from Marjorie Caroline Lloyd through her personal representative, to occupy plot 100 with his home and investments, and to be the registered owner of plot 103, while the Defendants asserted the parcels are leasehold public land housing government staff houses and earmarked for the Speaker's residence, and that the 99-year lease had lapsed. The court framed two issues: entitlement to the injunction, and whether the prohibition order should issue. Applying Giella v Cassman Brown and Mrao, the court found the Plaintiff had established a prima facie case of an interest in the suit properties, since without a Certificate of Lease over plot 103 the lapse of tenure and reversion could not be ascertained. No finding had been made that the land was public land, and continuing construction on contested land would prejudice the Plaintiff and waste public resources. The court also found a prohibition order necessary because the unregistered parcel lay entirely within the Defendants' control and could be allocated or titled during the pendency of the suit. The application partially succeeded: a temporary injunction and a temporary prohibition order were issued, with costs in the cause.

Key legal issues

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01

Whether the Plaintiff established a prima facie case with a probability of success

Holding

Yes. The Plaintiff produced a Certificate of Lease over plot 100 and a sale agreement over both plots; without a Certificate of Lease over plot 103 the tenure cannot be ascertained, so the claim that the land reverted to the Government cannot be ascertained either. The Plaintiff established a prima facie case that he has an interest over the suit properties.

Reasoning

The court applied the Giella v Cassman Brown test and the Mrao definition of a prima facie case. It found evidence of the Plaintiff's lease over plot 100 (which may or may not have lapsed) and correspondence confirming payment for plot 103. Absence of title over plot 103 cuts both ways: neither party could establish whether the lease lapsed and the land reverted. The apparent interest sufficed at this interlocutory stage.

p. 5
02

Irreparable harm and balance of convenience

Holding

Continued construction by the county on contested land would prejudice the Plaintiff and waste public resources if he ultimately prevails; no finding had been made that the properties are public land.

Reasoning

The court held that no finding had been made that the suit properties are public property, which remains for the full hearing. The Plaintiff remained in possession and ostensibly the owner. Construction had not properly commenced beyond signage and boundary alteration, so halting it caused little harm, while proceeding risked irreparable prejudice and wasted public funds.

p. 6
03

Whether the temporary prohibition order should issue

Holding

Yes. Because one parcel appears unregistered and entirely within the Defendants' control, only a prohibition order (rather than inhibition, which requires registration) could preserve the suit property pending trial.

Reasoning

Relying on John Aboko Kumenda and the Kenya National Examination Council v Republic ex parte Geoffrey Gathenji Njoroge exposition on prohibition, the court distinguished inhibition (applicable to registered land) from prohibition. Since the Defendants could register, allocate or procure title over the unregistered parcel while the suit was pending, a temporary prohibition order against entries and decisions was necessary.

p. 7

Legal principles established

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  • A plaintiff who holds apparent interests over suit property is entitled to have those interests protected by interlocutory injunction until disentitled at trial
  • Public resources should not be expended on construction on land whose ownership is contested pending determination
  • Where a parcel is unregistered and its fate lies in the control of the defendants, a temporary prohibition order against making decisions on the property is warranted

Court orders

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  1. 1.An order of temporary injunction issued pending the hearing and determination of the suit, restraining the 1st and 2nd Respondents, their servants, agents, associates, employees and all other persons from trespassing, coming onto, or staying on the land, and from demolishing, constructing or altering any building or structures, houses or fences or in any way dealing with the Applicant's property known as Eldoret Municipality Block 13/103 and Eldoret Municipality Block 13/100
  2. 2.A temporary order prohibiting the 1st and 2nd Respondents from making any entries on the suit parcels Eldoret Municipality Block 13/103 and 13/100, summoning or in any way making decisions pending hearing and determination of the suit
  3. 3.Costs of the application shall be costs in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 Rule 1 & 2
  • Constitution of Kenya, 2010Article 40
  • Constitution of Kenya, 2010Article 65(1)&(2)
  • Land ActSection 12(6)
  • Law of Contract Actnot specified

Cases cited (13)

  • Giella vs Cassman Brown & 2 Others
    (1973) EA 358
  • James Ndungu vs Reuben Mwangi
    Civil Case 184 of 2020
  • Katende vs Haridar & Company Ltd
    (2008)2 EA 173
  • Sehmi & Another vs Tarabana Company Limited & 5 Others
    (Petition E033 of 2023) (2025) KESC 21 (KLR)
  • Kimathi & 6 Others (t/a Umoja Investors SHG) vs Maina t/a Geomath Management & 2 Others
    (Environment & Land Case 22 of 2022 (2024) KEELC 1381 (KLR)
  • Torinho Enterprises Limited vs Hon. Attorney General
    (Petition No. 5 (E006) of 2022 (2023) KESC (KLR)
  • Peter Mbiri Michuki vs Samuel Mugo Michuki
    (2014) KECA 342 (KLR)
  • Mrao vs First American Bank Limited & 2 Others
    (2003) KLR
  • County Government of Kwale vs National Land Commission & 3 others; Mwangele & 450 Others
  • Nguruman Limited vs Jan Bonde Nielsen & 2 Others
    CA No. 77 of 2012 (2014) eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    [2018] KEELC 2424 (KLR)
  • John Aboko Kumenda vs Chairman Mobamba Cooperative Society & 5 others
    (2021) KEELC 1404 (KLR)
  • Kenya National Examination Council versus Republic ex parte Geofirey Gathenji Njoroge & 9 Others
    [1997] eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land disputes (suit properties Eldoret Municipality Block 13/103 and 13/100); application brought under Order 40 Rule 1 & 2 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, "Keino v Uasin Gishu County Governor & another (Environment and Land Case E059 of 2025) [2026] KEELC 520 (KLR)", Case Analysis (2026). Notice of Motion Application dated 13th June, 2025 (Eldoret ELC suit, number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/520/eng@2026-02-05

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