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ELCPartially AllowedELCLC No. E016 of 2025 (Nyamira)· [2026] KEELC 1240 (KLR)

Angwenyi & another v County Government of Kisii & 5 others (Environment and Land Case E016 of 2025) [2026] KEELC 1240 (KLR)

Environment and Land Court of Kenya
4 March 2026
2,732 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed land disputes can be filed at any ELC station nationwide, and protected Keroka traders from demolition pending the full hearing.

What this practically means

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Executive summary

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The Plaintiffs sued over parcels of land known as East Kitutu/Keroka Market Plot No. 7B, Keroka/Township/67 and/or 116, and Kisii County Market Plot 20A, claiming ownership by the First Plaintiff and trespass, threatened demolition and destruction by the Defendants to pave way for construction of a road in Keroka Town. Together with the Plaint they moved the Court for temporary and interim injunctions restraining trespass, road construction and demolition, and for an order directing the O.C.S. Keroka to enforce compliance. The First, Fourth, Fifth and Sixth Defendants filed Grounds of Opposition and a Notice of Preliminary Objection contending inter alia that most suit properties lie in Kisii County so the Nyamira ELC lacks jurisdiction, and that Plot 20A was public land irregularly sold in breach of the Law of Succession Act; the Third Defendant (an MCA) filed a Replying Affidavit. Applying Mukisa Biscuit, the court held the location-based objection was not a pure point of law since it required evidence, and that in any event the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act is countrywide, station boundaries being administrative. The preliminary objection was dismissed with costs. On the application, applying the Giella and Nguruman sequential tests, the court found an unchallenged prima facie case against all Defendants except the Third Defendant, who was arguably wrongly joined; land-based demolition threats meant damages were inadequate. The court granted a twelve-month injunction against the 1st, 2nd, 4th, 5th and 6th Defendants, with costs of the application borne by those Defendants only.

Key legal issues

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01

Whether the objection based on the location of the suit properties in Kisii County was a valid preliminary objection

Holding

The objection was not valid because establishing the location of the properties would require evidence, so it did not raise a pure point of law; in any event, territorial station limits do not oust the Court's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act.

Reasoning

Applying Mukisa Biscuit, a preliminary objection must rest on a pure point of law on assumed facts. Location of land is a factual matter requiring evidence, so the objection failed. Further, the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act is countrywide; station delimitations are administrative, and whether to entertain a suit outside the station's territorial limits is a matter of judicial discretion, which cannot be the subject of a preliminary objection.

p. 5
02

Whether the Plaintiffs established a prima facie case warranting an interlocutory injunction

Holding

A prima facie case was established against all Defendants except the Third Defendant, and since the dispute concerns land with threats of demolition, damages would not be an adequate remedy, justifying the injunction against the other Defendants.

Reasoning

Applying the Giella/Nguruman sequential tests, the court found the Plaintiffs' unchallenged sworn allegations established a prima facie case against the Defendants other than the Third Defendant, whose Replying Affidavit cast doubt only on compliance with allotment terms and who was arguably wrongly joined. The threat of demolition of land meant damages would not adequately compensate, so the second and third limbs favoured the Plaintiffs.

p. 5

Legal principles established

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  • A valid preliminary objection must raise a pure point of law argued on the assumption that the facts pleaded against the objector are correct
  • The Environment and Land Court's jurisdiction is not limited by territorial station boundaries, which exist for administrative purposes only
  • The Giella and Nguruman interlocutory injunction conditions are sequential hurdles that must be surmounted in order
  • An applicant for an interlocutory injunction need not establish title; it is enough to show a fair and bona fide question as to the existence of the right alleged

Court orders

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  1. 1.Notice of Preliminary Objection dated 19th September 2025 dismissed with costs to the Plaintiffs
  2. 2.Temporary injunction granted restraining the 1st, 2nd, 4th, 5th and 6th Defendants from trespassing onto, constructing any road or demolishing any building or structure on Keroka Township Plot No. 67 and/or 116, East Kitutu/Keroka Market Plot No. 7B and Keroka Market Plot No. 20A pending the hearing and determination of the suit
  3. 3.The injunction shall remain in force for a period of only twelve months unless extended by the Court
  4. 4.Plaintiffs to have costs of the application, borne by the 1st, 2nd, 4th, 5th and 6th Defendants
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act

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, "Angwenyi & another v County Government of Kisii & 5 others (Environment and Land Case E016 of 2025) [2026] KEELC 1240 (KLR)", Case Analysis (2026). ELCLC No. E016 of 2025 (Nyamira). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1240/eng@2026-03-04

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