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ELCAllowedELC Case, Murang'a (suit number not stated)· [2026] KEELC 1553 (KLR)

Del Monte Kenya Limited v Muthoni (Sued on His Own Behalf and as Chairman and Representative of Gatanga Quarry Owners) & 3 others (Environment and Land Case E002 of 2026) [2026] KEELC 1553 (KLR)

Environment and Land Court
17 March 2026
1,782 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court stopped quarrying on disputed riparian land because no one could prove the operators had valid permission to be there.

What this practically means

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Executive summary

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This ruling by M.N. Gicheru J of the Environment and Land Court at Murang'a, delivered virtually on 17 March 2026, determines a notice of motion dated 12-2-2026 by the Plaintiff, the registered lessee (99-year lease from 1-12-2020) of LR no 12157/10 in Ithanga-Kakuzi, Murang'a County. The Plaintiff sought interim injunctive relief restraining the Defendants from trespass, quarrying and related activities, an order compelling their vacation of the suit land, an environmental preservation order, and police enforcement through the OCS Ngati. The Plaintiff asserted trespass and extensive quarrying under a purported County Government of Murang'a letter dated 19-9-2025 that the County has denounced and whose authorship is under police investigation, causing environmental degradation and silting of irrigation systems. The 1st and 2nd Defendants claimed they quarry on other parcels under a 2017 County authorization and NEMA licence pursuant to a parliamentary committee recommendation; the 4th Defendant denied being a member of the association and a proper party. The court framed three issues and held that quarrying on riparian land along river Chania should stop until certainty of the Defendants' authority exists, invoking Section 3 of EMCA and the precautionary principle; that the parliamentary committee report did not authorize quarrying; and that the balance of convenience favours stopping quarrying, declining to apply the full Giella v Cassman Brown tests since pleadings were not closed. The motion was allowed in terms of prayers 4, 5, 6 and 7, with costs in the cause.

Key legal issues

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01

Whether quarrying on riparian land along river Chania should continue absent certainty of requisite approvals

Holding

The court stopped the quarrying until certainty on the legality of the Defendants' activities and the existence of the land they claim to quarry on

Reasoning

The 1st and 2nd Defendants did not deny quarrying on riparian land along river Chania. Under Section 3 of EMCA the court may prevent, stop or discontinue deleterious acts, guided by sustainable development principles including the precautionary principle. Rather than wait to confirm the genuineness of the claimed County Government and NEMA letters, the court preferred to stop quarrying now than risk irreversible environmental degradation.

p. 3
02

Whether the National Assembly Committee report authorized quarrying

Holding

It did not; it concerned settlement of landless people on land registered in the Plaintiff's name

Reasoning

The court held that the parliamentary committee report dealt with settling landless people on land registered in the Plaintiff's name and did not concern quarrying on riparian land along river Chania. Whatever the outcome of the earlier petition, no authority to quarry was conferred on any person.

p. 4
03

Balance of convenience

Holding

It tilts in favour of stopping the quarrying activities pending certainty on legality

Reasoning

Since pleadings had not closed, the court found it imprudent to apply the full Giella v Cassman Brown tests on prima facie case and inadequacy of damages. The decisive question was whether quarrying should continue on land the Defendants do not own while the Plaintiff claims ownership; the court found the balance of convenience favoured stopping quarrying until certainty on legality.

p. 4

Legal principles established

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  • The ELC may issue environmental preservation orders and, applying the precautionary principle, stop activities that could cause irreversible environmental damage before certainty of legality is established
  • A parliamentary committee recommendation concerning settlement of landless people does not confer authority to quarry on any land
  • Where pleadings have not closed, the court may decide an interlocutory application on the balance of convenience alone without undertaking the full Giella v Cassman Brown analysis

Court orders

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  1. 1.Interim injunction restraining the Defendants, their agents, servants and employees from entering, trespassing upon, creating roads, quarrying, carting away stones, placing quarrying machinery or tools, or conducting any other activities on LR no 12157/10 pending hearing and determination of the suit
  2. 2.Order compelling the Defendants to immediately vacate the suit land and remove all machinery, equipment and structures installed thereon pending hearing and determination of the suit
  3. 3.Environmental preservation order prohibiting further degradation on the suit land
  4. 4.Direction that the Officer Commanding Ngati Police Station (OCS Ngati) enforce the orders of the Court and ensure peace and order
  5. 5.Costs in the cause
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(c) and (e) of the Civil Procedure Act; Section 3 of the Environment and Land Court Act; Orders 40 rule 1 and 50 rule 1 of the Civil Procedure Rules; Section 3 of the Environment Management and Coordination 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, "Del Monte Kenya Limited v Muthoni (Sued on His Own Behalf and as Chairman and Representative of Gatanga Quarry Owners) & 3 others (Environment and Land Case E002 of 2026) [2026] KEELC 1553 (KLR)", Case Analysis (2026). ELC Case, Murang'a (suit number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1553/eng@2026-03-17

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