Ngara Railways Southern Zone Residents Association v Kenya Railways Staff Retirement Benefits Scheme & another; Kenya Railways Corporation & another (Interested Parties) (Environment and Land Petition E031 of 2025) [2026] KEELC 769 (KLR)
The bottom line
#The Kajiado Environment and Land Court blocked the eviction of residents on LR No. 209/19382 but threw out their contempt claim for lack of proof.
What this practically means
#Executive summary
#Key legal issues
#Whether the Preliminary Objection on res judicata, sub judice and failure to exhaust remedies has merit
The Preliminary Objection fails; res judicata was not proved and constitutional issues of threatened eviction, housing rights and procedural fairness fall outside the tribunal's competence.
Relying on Mukisa Biscuits and Khaemba, the court noted res judicata requires factual inquiry unsuited to a preliminary objection. The Respondents, bearing the burden, produced no pleadings, proceedings or final judgment to show identical parties, issues and final determination; the cited Milimani matter was said to be the same case as this Petition. On exhaustion, the available remedies concern pension benefits, not eviction, injunctions or constitutional questions.
Whether the Petitioners satisfied the test for an interlocutory injunction
Yes - a temporary injunction restraining eviction and interference with occupation was granted pending determination of the Petition.
Applying Giella v Cassman Brown and Nguruman, the court found the Petitioners' occupation under arrangements recognized by the Respondent undisputed, eviction threatened, and the Respondents produced no evidence of due process for eviction. Eviction would cause loss of shelter and displacement of families not compensable in damages, so irreparable harm and the balance of convenience favoured preserving the status quo.
Whether contempt of court was proved against the Respondents for issuing eviction notices on the same day status quo orders were granted
No - contempt was not proved to the required standard; the application was dismissed but the Court warned that future breach would attract sanctions.
Applying Mutitika and Sheila Cassatt Issenberg, the court held contempt is quasi-criminal and requires proof, beyond the balance of probabilities, of service or personal knowledge of the order and willful, deliberate disobedience. Since service and knowledge were contested and not conclusively demonstrated, doubt was resolved in favour of the alleged contemnors.
Legal principles established
#- A preliminary objection must be a pure point of law and cannot be entertained where facts are disputed or require evidence; res judicata is best raised by Notice of Motion with pleadings annexed.
- The burden of proving res judicata lies on the party raising it, who must establish identity of parties, issues and a final determination.
- The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt.
- Contempt requires proof that the contemnor knew of the order and willfully and deliberately disobeyed it.
Court orders
#- 1.The Preliminary Objection is dismissed.
- 2.A temporary injunction is issued restraining the Respondents from evicting the Petitioners or interfering with the Petitioners' occupation pending hearing and determination of the Petition.
- 3.The Petitioners shall continue to pay dues to the Respondents in accordance with the respective leases.
- 4.The contempt application dated 16th May 2025 is dismissed.
- 5.Costs to abide the outcome of the Petition.
- Jurisdiction invoked
- Original constitutional petition jurisdiction; not expressly stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngara Railways Southern Zone Residents Association v Kenya Railways Staff Retirement Benefits Scheme & another; Kenya Railways Corporation & another (Interested Parties) (Environment and Land Petition E031 of 2025) [2026] KEELC 769 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/769/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.