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ELCDismissedNotice of motion dated 19.5.2025 (in a suit at Nanyuki)· [2026] KEELC 1662 (KLR)

Jethro & 7 others v Gichohi & another (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 1662 (KLR)

Environment and Land Court
18 March 2026
474 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to stop an eviction because a valid court order already barred the occupants' leader from the land.

What this practically means

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Executive summary

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The plaintiffs moved the court by notice of motion dated 19.5.2025, filed with their suit, seeking an injunction to restrain the 1st respondent from evicting them from parcel Laikipia/Daiga/Ethi Block 2/150. They claimed they had lived on the land since 1988 and asserted a claim of adverse possession based on over 30 years of occupation. The 1st respondent, the registered owner, opposed the application by a replying affidavit, pointing out that the register of the suit land was opened on 10.6.1991, and that in 2016 he had instituted eviction proceedings against the 4th plaintiff, obtaining orders on 20.8.2019; the 4th plaintiff's appeal (no. 3 of 2023) was dismissed. The court set out the settled principles for temporary injunctions from Giella vs Cassman Brown, as restated in Nguruman Limited v Jan Bonde Nielsen. Examining the judgment in Nanyuki Magistrate's Court ELC 141 OF 2018, the court noted that a permanent injunction had been issued against Bernard Musembi Muli (the current 4th plaintiff) and all persons claiming interest under him, restraining occupation of the suit land, and that his appeal was dismissed. Since the present plaintiffs claim their interest under the 4th plaintiff, granting the injunction would conflict with orders lawfully issued by a competent court. The application was therefore found unmerited and dismissed with costs to the respondent. Judgment was delivered at Nanyuki on 18 March 2026.

Key legal issues

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01

Whether the applicants established a prima facie case warranting a temporary injunction

Holding

The application was unmerited; the applicants claim under the 4th plaintiff who is bound by a permanent injunction from the Magistrate's court, so granting the orders would conflict with existing lawful orders.

Reasoning

The plaintiffs claim the suit land through adverse possession, asserting over 30 years of occupation. However, the register shows the 4th plaintiff was subject to a permanent injunction issued in Nanyuki ELC 141 OF 2018 and his appeal (no. 3 of 2023) was dismissed. The current plaintiffs claim interest under him, so the court found the orders sought would conflict with the subsisting decree.

p. 2

Legal principles established

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  • Conditions for grant of an interlocutory injunction: prima facie case with probability of success, irreparable injury not compensable by damages, and balance of convenience where the court is in doubt
  • A court will not grant orders that conflict with orders lawfully given by a competent court

Court orders

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  1. 1.The application dated 19.5.2025 is dismissed
  2. 2.Costs of the application to the respondent

Authorities

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Cases cited (2)

  • Giella vs Cassman Brown
    (1973) EA 358
  • Nguruman Limited V Jan Bonde Nielsen & 2 Others
    [2014] eKLR
Jurisdiction invoked
Inherent powers of the Environment and Land Court to grant interlocutory injunctions (interim relief in a claim based on adverse possession)

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, "Jethro & 7 others v Gichohi & another (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 1662 (KLR)", Case Analysis (2026). Notice of motion dated 19.5.2025 (in a suit at Nanyuki). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1662/eng@2026-03-18

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