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ELCDismissedNot stated in the judgment (Ruling in respect of the Plaintiff's Motion dated 2nd May 2025)· [2026] KEELC 939 (KLR)

Oloomoni v Mbirikani Group Ranch - Co-operative Society Limited & 7 others; Ketente & 2799 others (Interested Parties) (Environment and Land Case E053 of 2025) [2026] KEELC 939 (KLR)

Environment and Land Court
19 February 2026
3,062 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to freeze a co-operative's land dealings because the applicant offered no real evidence the properties would be sold.

What this practically means

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Executive summary

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The Plaintiff, a former member of the dissolved Mbirikani Group Ranch, moved the Court by Notice of Motion dated 2nd May 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rules 1 and 2 of the Civil Procedure Rules, seeking a temporary injunction restraining the Defendants from subdividing, leasing, selling or renewing leases over Oloitoktok/Mbirikani/744, 785, 789, 888, 890, 891 and 892, arising from parcel 733, and other properties held by the 1st Defendant, a co-operative society registered on 11th June 2021 following the members' resolution of 10th May 2021. The Plaintiff alleged that only about ten of over 4,200 members had been enrolled, that rival factions claimed legitimacy over the society, and that the properties were threatened with irregular disposal, including an advertised site viewing. The 2nd to 4th Defendants, claiming to be duly elected officials, opposed the application and accused the 5th to 7th Defendants of attempting to fraudulently dispose of the society's assets. The 5th Defendant, asserting recognition as officials by a ruling in Kajiado MCCOMMSU/E005/2024, and the Interested Parties, representing the majority of members, opposed the application, contending that lease and investment negotiations were at an advanced stage for the members' benefit and that the interim orders were procured through misrepresentation and non-disclosure. The Court framed a single issue: whether the application met the threshold for a temporary injunction. Applying Giella v Cassman Brown, Mrao Ltd and Nguruman Limited, the Court held that the Plaintiff's claim was unsubstantiated apprehension, that no evidence of any intention to sell existed, and that the lease negotiations were consistent with the group ranch's past practice. It declined to determine the leadership dispute, which is pending elsewhere and outside its jurisdiction under Article 162(2)(b) and Section 13 of the Environment and Land Court Act. The Motion was dismissed with costs and the interim orders of 7th May 2025 were set aside.

Key legal issues

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01

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

Holding

No prima facie case was established; the claim was unsubstantiated apprehension of disposal of the suit properties

Reasoning

The Court applied Giella v Cassman Brown as elaborated in Mrao Ltd and Nguruman Limited. It found the Plaintiff's claim rested on unsubstantiated apprehension that the suit properties would be irregularly disposed of, while the Defendants and Interested Parties showed ongoing lease and investment negotiations for the benefit of the membership. No evidence of any intention to sell was provided, and the group ranch previously leased the properties in the ordinary course.

p. 6
02

Whether the interim orders issued ex parte should be set aside for non-disclosure

Holding

The interim orders were set aside; sufficient grounds were demonstrated

Reasoning

Relying on Bahadurali Ebrahim Shamji v Al Noor Jamal, the Court reiterated the duty of full and frank disclosure on ex parte applications. The Court found the application was a scheme by the Plaintiff and the 2nd to 4th Defendants to impede the 5th to 7th Defendants from performing their duties as elected officials, and that continuation of the interim orders would prejudice the economic interests of the larger membership.

p. 7
03

Whether the Court could determine who the legitimate officials of the 1st Defendant are

Holding

The Court declined jurisdiction over that issue, which is pending in Kajiado MCCOMMSU/E005/2024

Reasoning

The Court noted that the question of legitimate officials is the subject of separate proceedings and expressly refrained from determining it, citing the limits of its jurisdiction under Article 162(2)(b) of the Constitution and Section 13(1) and (2) of the Environment and Land Court Act.

p. 5

Legal principles established

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  • The three Giella v Cassman Brown conditions for a temporary injunction must be satisfied sequentially; failure of the first limb disposes of the application
  • A party seeking ex parte injunctive relief is under a duty of full and frank disclosure of all material facts

Court orders

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  1. 1.The Plaintiff's Notice of Motion dated 2nd May 2025 is dismissed with costs
  2. 2.The interim orders issued on 7th May 2025 are set aside
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13(1) and (2) of the Environment and Land Court Act; application under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rules 1 and 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, "Oloomoni v Mbirikani Group Ranch - Co-operative Society Limited & 7 others; Ketente & 2799 others (Interested Parties) (Environment and Land Case E053 of 2025) [2026] KEELC 939 (KLR)", Case Analysis (2026). Not stated in the judgment (Ruling in respect of the Plaintiff's Motion dated 2nd May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/939/eng@2026-02-19

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