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ELCPartially AllowedBomet High Court Appeal from Bomet CM ELC Case No. E030 of 2023· [2026] KEELC 1042 (KLR)

Soo & 4 others v Church of Living Elohim-Kimaya Local Church (Environment and Land Appeal E009 of 2024) [2026] KEELC 1042 (KLR)

High Court of Kenya
19 February 2026
3,339 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's High Court set aside a permanent injunction granted without proof of actual trespass, confirming that injunctions require evidence of irreparable harm.

What this practically means

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Executive summary

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This is a first appeal to the High Court at Kericho (L. A. Omollo, J) against the judgment of Hon. Boke CM in Bomet CM ELC Case No. E030 of 2023 delivered on 16th July 2024. In the subordinate court, the Respondent church sought a declaration of ownership of 0.4 acres of Kericho/Segemik/818, a permanent injunction against the Defendants, surrender of a sale agreement, general damages for trespass, costs and interest. The trial magistrate declined the declaratory order and damages but granted a permanent injunction 'in the interest of justice' to protect the suit property from wastage, awarded costs and interest to the Respondent. The Appellants appealed, contending the injunction was erroneously granted despite the finding that ownership was not proved. The High Court, guided by the first-appellate duty of re-evaluation and the Court of Appeal's decision in Mohamed Ndoge v Mohamed Golo Ndogo on the standards for permanent injunctions, held that the trial magistrate made no finding of actual trespass, having declined damages for trespass, and that a permanent injunction cannot issue hypothetically without proof of irreparable harm incapable of compensation in damages. The appeal succeeded and the permanent injunction was set aside. Although costs ordinarily follow the event under Section 27 of the Civil Procedure Act, the court directed each party to bear its own costs of the appeal because the parties are members of the same church and an award of costs would widen their rift.

Key legal issues

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01

Whether the trial court erred in granting a permanent injunction despite finding no proved ownership or trespass

Holding

The appeal succeeded; the permanent injunction was set aside because the trial magistrate made no finding of trespass and granted the injunction only in the interest of justice to protect the property from wastage

Reasoning

The court reviewed the trial judgment and found that the magistrate never determined whether trespass actually occurred; she declined damages for trespass, which supported the conclusion that no trespass was found. Relying on Mohamed Ndoge v Mohamed Golo Ndogo, a permanent injunction requires proof at trial of irreparable harm not compensable in damages. Granting one hypothetically, in the interest of justice, was an error. That ground of appeal succeeded.

p. 8
02

Who should bear costs of the appeal

Holding

Each party to bear own costs despite the general rule that costs follow the event

Reasoning

Section 27 of the Civil Procedure Act provides that costs follow the event, but the court may direct otherwise for good reason. Because the Appellants and Respondent are members of the same church, awarding costs would widen their rift and affect peaceful co-existence of the church and its members.

p. 8

Legal principles established

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  • A permanent injunction is issued at the end of the trial upon proof, on a balance of probabilities, of irreparable harm not compensable by damages
  • An injunction cannot be granted merely 'in the interest of justice' to protect property from hypothetical future trespass without findings on possession and actual trespass

Court orders

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  1. 1.The permanent injunction issued in the judgment delivered in Bomet CM ELC Case No. E030 of 2023 on 16th July, 2024 as against the Appellants is set aside
  2. 2.Each party shall bear own costs of the Appeal
On appeal from
Principal Magistrate's Court, Bomet (CM ELC)
E030 of 2023
Jurisdiction invoked
First appeal from the magistrates' court under the Civil Procedure Act (Cap. 21)

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, "Soo & 4 others v Church of Living Elohim-Kimaya Local Church (Environment and Land Appeal E009 of 2024) [2026] KEELC 1042 (KLR)", Case Analysis (2026). Bomet High Court Appeal from Bomet CM ELC Case No. E030 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1042/eng@2026-02-19

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