Flow Farm Limited v Organics 4 Orphans International (Thrive For Good East Africa) (Environment and Land Case E034 of 2025) [2026] KEELC 806 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether eviction can be ordered at an interlocutory stage
No - where a sought order would resolve a contested issue with finality, it is substantive and cannot issue at an interlocutory stage
Relying on Witmore Investment Ltd, the court reasoned that an order effectively resolving a contested issue with finality ceases to be interlocutory. Since title, rights to vacant possession and breach under the sale agreement and addendum are unresolved, evicting the plaintiff summarily would preempt the full hearing. Viva voce evidence is required.
Compliance with Section 152E of the Land Act
The applicant had not established compliance with the statutory eviction notice procedure
Eviction from private land is governed by Section 152E, and only after those preliminaries may a court confirm a notice and order vacation under Section 152F. The court found the applicant had neither established compliance with that procedure nor service of the notice of eviction on the respondent.
Whether the 14/11/2025 order had lapsed
The court noted it was not disputed that the order became spent on 22/11/2025 after the plaintiff defaulted, but this did not justify the eviction orders sought
While the applicant deposed that the plaintiff re-entered with hired goons after a peaceful handover and that the 14/11/2025 order lapsed by effluxion of time, the court held the proper course was a full hearing of the pleaded issues rather than summary determination at interlocutory stage.
Legal principles established
#- Substantive orders may not be granted at an interlocutory stage where the suit has not been heard on its merits
- Before an eviction order is issued, a court must be satisfied on its merits and every person affected is entitled to be heard
- An applicant for eviction must first comply with the statutory preliminaries under Section 152E of the Land Act before the court confirms the notice under Section 152F
Court orders
#- 1.Application dated 5/12/2025 dismissed with no order as to costs
- 2.Parties to comply with Order 11 of the Civil Procedure Rules by 30/4/2026
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over L.R. No. 2116/1090 (I.R No. 51922); motion under the Civil Procedure Rules and Section 152E/152F of the Land Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Flow Farm Limited v Organics 4 Orphans International (Thrive For Good East Africa) (Environment and Land Case E034 of 2025) [2026] KEELC 806 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/806/eng@2026-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.