Jethro & 7 others v Gichohi & another (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 1662 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the applicants established a prima facie case warranting a temporary injunction
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.
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.
Legal principles established
#- 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
#- 1.The application dated 19.5.2025 is dismissed
- 2.Costs of the application to the respondent
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.