Soo & 4 others v Church of Living Elohim-Kimaya Local Church (Environment and Land Appeal E009 of 2024) [2026] KEELC 1042 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the trial court erred in granting a permanent injunction despite finding no proved ownership or trespass
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
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.
Who should bear costs of the appeal
Each party to bear own costs despite the general rule that costs follow the event
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.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.