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ELCDismissedNotice of Motion dated 26th January 2026 (Petition at Milimani ELC)· [2026] KEELC 897 (KLR)

Sacco & 4 others v Kenya Railways Corporation & another; Karen Lang’ata District Association & another (Interested Parties) (Environment and Land Petition E003 of 2026) [2026] KEELC 897 (KLR)

Environment and Land Court
20 February 2026
2,324 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court refused to halt the Ngong–Riruta railway project because the matatu SACCOs could not prove they legally own or occupy the land.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Nairobi (Milimani) by Mohammed N. Kullow J, delivered virtually on 20th February 2026. The Petitioners, registered matatu SACCOs operating from a road reserve near the Karen Roundabout designated as a matatu terminus, sought conservatory orders under sections 13(3), (4) and 19(2) of the Environment and Land Court Act, Order 42 Rule 6, Articles 42, 69 and 70 of the Constitution and sections 1A, 1B and 3A of the Civil Procedure Act restraining the Respondents from constructing a railway terminus on, evicting them from, or interfering with the land pending the hearing of the Petition. They alleged imminent eviction, lack of public participation and violation of Articles 43 and 47. The 1st Respondent opposed, showing the Ngong–Riruta Commuter Railway is a statutory public project 40.5% complete with an approved ESIA (17th May 2024), public participation upheld in Milimani ELC Petition No. E028 of 2024, and subsisting conservatory orders in Milimani HCCHR Petition No. E843 of 2025. Framing two issues (the conservatory threshold and costs), the Court applied the Giella v Cassman Brown test. It found no prima facie case, as the Petitioners exhibited no lease, licence, grant or allotment letter over the road reserve; no irreparable harm incapable of compensation by damages; and the balance of convenience favoured continuation of the public infrastructure project. The Notice of Motion was dismissed for lack of merit with costs in the cause.

Key legal issues

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01

Whether a prima facie case was established

Holding

No prima facie case was established; the Petitioners produced no documentary evidence of any enforceable legal interest in the road reserve, while the Respondent showed a statutory public project with approvals and subsisting conservatory orders in related litigation.

Reasoning

Applying the Mrao test, a prima facie case requires rights which, if unrebutted, warrant relief. The Petitioners alleged threatened eviction and lack of consultation but exhibited no lease, licence, grant or allotment letter over the road reserve. Their occupation was contested. Conversely, the Respondent demonstrated an ESIA-approved statutory project and conservatory orders in a court of equal jurisdiction over the same project. The claim thus rested on speculation rather than demonstrated enforceable rights.

p. 5
02

Whether irreparable harm was demonstrated

Holding

The second Giella limb failed; loss of livelihood was asserted but not shown to be incapable of compensation by damages.

Reasoning

The Petitioners' affidavits asserted loss of livelihood and disruption of operations, but no evidence was placed before the Court showing that such loss, if established, could not be quantified or compensated by an award of damages. The material did not demonstrate permanent, irreversible or unquantifiable harm. The Court expressly noted its findings were without prejudice to the substantive issues at the hearing of the Petition.

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03

Balance of convenience

Holding

The balance of convenience favoured continuation of the railway project, not the grant of interim relief.

Reasoning

The orders sought would halt an ongoing public infrastructure project undertaken pursuant to statutory authority, with the Respondent showing progress reports, extent of public funds expended and 40.5% completion. In the absence of a demonstrated violation of a legally protected right at the interlocutory stage, interruption of the lawful project would prejudice the public interest more than refusal would prejudice the Petitioners.

p. 5

Legal principles established

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  • Conservatory or injunctive relief halting an ongoing public infrastructure project requires clear, cogent and compelling evidence of constitutional or legal violation.
  • An applicant for interim relief over public land must exhibit documentary evidence of an enforceable legal or proprietary interest.

Court orders

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  1. 1.The Petitioners' Notice of Motion dated 26th January 2026 is dismissed for lack of merit
  2. 2.The costs of the Application shall be in the cause
Jurisdiction invoked
Sections 13(3) and (4) and 19(2) of the Environment and Land Court Act; Articles 42, 69 and 70 of the Constitution; sections 1A, 1B and 3A of the Civil Procedure Act; Order 42 Rule 6 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, "Sacco & 4 others v Kenya Railways Corporation & another; Karen Lang’ata District Association & another (Interested Parties) (Environment and Land Petition E003 of 2026) [2026] KEELC 897 (KLR)", Case Analysis (2026). Notice of Motion dated 26th January 2026 (Petition at Milimani ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/897/eng@2026-02-20

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