Onimbo v Nairobi City County Government & 3 others (Environment and Land Petition E066 of 2025) [2026] KEELC 1227 (KLR)
The bottom line
#A Nairobi woman evicted from her county house cannot be reinstated through interim orders, because courts can preserve a situation but not reverse it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant could be reinstated to the suit property by way of conservatory orders
Reinstatement was refused; conservatory orders preserve rather than restore, and reinstatement would determine the substantive petition and displace a third party not before the court
The court held that conservatory orders maintain the status quo and prevent further prejudice but do not reverse completed acts. The Applicant was already out of possession, and the premises had allegedly been reallocated to a third party under the County's housing policy. Granting re-entry would resolve the legality of the eviction - the very issue in the petition - at the interlocutory stage, which the court declined to do.
Whether the Applicant met the threshold for a conservatory order
The Applicant failed to establish a prima facie case with a likelihood of success or prejudice, though the public interest favoured restraining alienation of the property
Applying the established principles, the court found a triable dispute over rent arrears and the applicability of Clause 18 of the Rent Card and Section 152E of the Land Act, on which it could make no definitive findings. It concluded that no prima facie case was established and the Applicant would not suffer prejudice absent the orders, though the property should be preserved from alienation pending the petition.
Legal principles established
#- Conservatory orders are preservative, not restorative; they maintain the status quo and cannot undo completed acts
- An interlocutory conservatory application does not permit definitive findings of fact or law
Court orders
#- 1.The application dated 7th August 2025 is dismissed
- Jurisdiction invoked
- Articles 22 and 23(3) of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 Rule 1 of the Civil Procedure Rules; Rules 4, 19 and 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onimbo v Nairobi City County Government & 3 others (Environment and Land Petition E066 of 2025) [2026] KEELC 1227 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1227/eng@2026-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.