Hashid v Musau & others; County Government of Nairobi (Interested Party) (Environment and Land Case E475 of 2025) [2026] KEELC 810 (KLR)
The bottom line
#A Nairobi court stopped construction and road-blocking on a Komarock plot pending trial, but refused eviction because that final remedy can only follow a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case
Yes - ownership of the suit property is evidenced by title and undisputed, and the construction activity was not disputed; the right allegedly infringed calls for rebuttal, including from the County Government whose approval is claimed
The applicant attached a title deed showing ownership, which the respondent did not dispute, and photographs of the alleged construction. The respondent asserted the construction was approved by the County Government, an averment the court held requires interrogation of evidence by that body. On the Mrao definition, a right apparently infringed calling for rebuttal suffices at this stage.
Whether the applicant would suffer irreparable injury not compensable by damages
Yes - if construction proceeds to completion, the property would no longer be available in its original state, putting the applicant to substantial loss
The court reasoned that preservation of the status quo is imperative: if more construction happens to completion and the court later finds for the applicant, the suit property would not be restorable to its original state. Adopting the Black's Law Dictionary definition via Ernest Muriuki Mungai, the threatened injury is substantial and serious and not easily estimated or repaired by money.
Where the balance of convenience lies
It tilts in favour of granting the injunction because the applicant has an identifiable interest in the suit property worth protecting
On the third Giella limb, the court found that the applicant holds an identifiable, protectable interest in the suit property, and that granting the injunction better preserves that interest than refusing it, consistent with its earlier findings on prima facie case and irreparable harm.
Legal principles established
#- The three Giella conditions govern the grant of interlocutory injunctions: prima facie case with probability of success, irreparable injury not compensable by damages, and balance of convenience if in doubt
- A prima facie case in a civil application is one where, on the material presented, the court concludes there exists a right apparently infringed so as to call for an explanation or rebuttal from the opposite party
- Irreparable injury does not require an injury physically incapable of repair; it suffices that the threatened injury is substantial and serious, not easily estimated or repaired by money
Court orders
#- 1.Conservatory Order of temporary injunction barring the Defendant, his servants/proponents or any other person from undertaking any further development and construction activities on parcel LR.NO.209/11935 within Komarock Area, Nairobi County, stopping, halting and discontinuing the Defendant from blocking the access road, selling and allocating illegal structures pending the hearing and determination of the application
- 2.Conservatory Order of temporary injunction in identical terms pending the hearing and determination of the suit
- 3.The County Government of Nairobi Urban Planning Department to assess the situation on the purported illegal construction and file a report in court
- 4.The Officer Commanding Station (OCS) Obama Police Station to ensure compliance with the orders issued
- 5.Costs of the application to be borne by the respondent
- Jurisdiction invoked
- Not expressly stated in the judgment; the application is brought under the Civil Procedure Rules (Order 40 Rule 1(a) and (b) on temporary injunctions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hashid v Musau & others; County Government of Nairobi (Interested Party) (Environment and Land Case E475 of 2025) [2026] KEELC 810 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/810/eng@2026-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.