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ELCPartially Allowed(not stated in the judgment)· [2026] KEELC 1231 (KLR)

Chirchir v Fuel Link Energy & 2 others (Environment and Land Case E240 of 2025) [2026] KEELC 1231 (KLR)

Environment and Land Court
4 March 2026
COCHRISTINE OCHIENG
2,489 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court froze a disputed Nairobi property in its current state pending trial, instead of granting the full injunction the plaintiff wanted.

What this practically means

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Executive summary

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The Plaintiff, claiming to be the registered lessee of Land Reference No. 109/12727 (IR 24983) from the Government of Kenya, moved the Court by Notice of Motion dated 14th May 2025 seeking an interlocutory injunction restraining the Defendants from developing, constructing, excavating, transferring, alienating, advertising, selling or interfering with the suit property pending determination of the suit. He alleged that the 1st Defendant fraudulently obtained a replacement title, charged the property to the 3rd Defendant to secure Kshs. 60 million, and transferred it to the 2nd Defendant, which had obtained building plan approvals and intended to construct residential apartments. The 1st Defendant claimed it purchased the land from Nilam Dry Cleaners Limited in 2020; the 2nd Defendant claimed purchase from the 1st Defendant in 2023 after due diligence and reliance on official registry records; the 3rd Defendant, a chargee whose facility was never disbursed and whose charge was discharged, sought to be struck out. Applying Giella v Cassman Brown and Mrao Ltd v First American Bank, the court held that the Plaintiff's allegations touching on the root of the 2nd Defendant's title raised a prima facie case whose veracity could only be tested at trial. Following Joel Mugambi Mukira v County Government of Nyeri and Mugah v Kunga, the court granted a status quo order preserving both the registration status and topography of the suit land pending the outcome of the suit, rather than the full injunction sought. The 3rd Defendant was left to move the Court properly for its removal. Costs were in the cause. The application was thus partially allowed.

Key legal issues

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01

Whether the Plaintiff established a prima facie case warranting an interlocutory injunction over LR No. 109/12727 (IR 24983)

Holding

A prima facie case was established because the Plaintiff's claims touch on the root of the 2nd Defendant's title, though only a status quo order was warranted at this stage

Reasoning

Both the Plaintiff and the 2nd Defendant claim proprietary interest in the suit land, each holding title documents. The Plaintiff alleged fraudulent replacement of title and unlawful transfers, while the 2nd Defendant traced a chain of ownership from the original allottee. The court found that the veracity of the rival explanations can only be tested through viva voce evidence, and that allegations going to the root of the registered proprietor's title constitute a prima facie case under the Giella and Mrao principles.

p. 5
02

What orders should issue to preserve the suit property pending trial

Holding

A status quo order preserving both the registration status and topography of the suit land was issued rather than the full injunction sought

Reasoning

Associating itself with the decision in Joel Mugambi Mukira v County Government of Nyeri, which applied Mugah v Kunga and Gazette Notice No. 5178/2014 Practice Direction No. 28(k), the court held that in land matters status quo orders preserve the subject matter. Since both the Plaintiff and the 2nd Defendant claim to hold title, maintaining status quo and inhibiting the title preserves the substratum of the suit until the real owner is determined.

p. 5

Legal principles established

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  • In land matters, status quo orders should be issued for purposes of preserving the subject matter pending determination of the case
  • Where rival claims of title to land exist, contested questions of title can only be resolved on viva voce evidence, and a prima facie case arises where the plaintiff's claim challenges the root of the registered proprietor's title

Court orders

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  1. 1.An order of Obtaining Status Quo be and is hereby issued where no party should interfere with the suit land in terms of changing the registration status or topography pending the outcome of this suit.
  2. 2.Costs will be in the cause.
Jurisdiction invoked
Original civil suit jurisdiction over land matters; injunction jurisdiction under the Civil Procedure Rules and Land Registration Act (no specific constitutional provision cited)

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, "Chirchir v Fuel Link Energy & 2 others (Environment and Land Case E240 of 2025) [2026] KEELC 1231 (KLR)", Case Analysis (2026). (not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1231/eng@2026-03-04

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