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ELCDismissedNot stated in the judgment· [2026] KEELC 1774 (KLR)

Nzioka v Mavoko Land Development company Limited & another (Environment and Land Case E006 of 2025) [2026] KEELC 1774 (KLR)

Environment and Land Court
25 March 2026
NMN. A. Matheka
1,905 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Machakos refused to stop eviction or beacon reinstatement on Athi River land, ruling it cannot overturn another court's equal judgment.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Machakos (N.A. Matheka, J) on an application dated 24th January 2024 brought under Sections 1A, 3A and 63(e) of the Civil Procedure Act and Orders 42 Rule 6(2) and 51 Rule 1 of the Civil Procedure Rules. The Applicant sought urgent temporary injunctions restraining the Respondents from evicting him, erecting beacons or interfering with his vacant and/or peaceful possession of parcels Athi River/Athi River Block 9/95 and 9/97, pending hearing of the application and of the suit, together with orders of stay of execution of the judgment delivered on 31st May 2019 by Hon. O. Angote in ELC Case No. 366 of 2009; Mavoko Land Development Company Limited v Kasina Housing Scheme Society & 4 Others. The Applicant claimed he was not party to the 2019 suit, alleged a forged survey plan (F/R No. 213/82), and invoked his Article 50 fair-hearing rights, asserting the judgment adversely affected his parcels. The application was unopposed. The court set out the Giella v Cassman Brown principles as restated in Nguruman Limited v Jan Bonde Nielsen: prima facie case, irreparable injury and balance of convenience, citing Mrao Ltd, Pius Kipchirchir Kogo, Amir Suleiman and Robert Mugo wa Karanja. The 1st Respondent submitted that the 2019 judgment directed restoration of beacons of leasehold LR No. 25062 and that the Applicant was found within that leasehold. The court held it could not overrule a judgment of a court of concurrent jurisdiction, found greater risk in granting the injunction since it had not interrogated the relevant documents and annexures, dismissed the application, and ordered costs to be in the cause.

Key legal issues

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01

Whether the Applicant satisfied the criteria for a temporary injunction

Holding

The application was dismissed as unmerited; the court found greater risk in granting the injunction than withholding it, having not interrogated the documents and annexures

Reasoning

The court applied the settled Giella v Cassman Brown principles as restated in Nguruman: prima facie case, irreparable injury, and balance of convenience. Although the application was unopposed, the court noted it had not interrogated the relevant documents, chronology of events, or the annexures, and found that granting the injunction carried more risk than refusing it while the main suit awaited full hearing on its merits.

p. 4
02

Whether the court can grant stay of execution of a judgment of a court of concurrent jurisdiction

Holding

It cannot; the request for stay of the 31st May 2019 judgment in ELC Case No. 366 of 2009 failed on this basis

Reasoning

The 1st Respondent submitted that in ELC No. 366 of 2009 the court had directed re-survey and restoration of beacons of leasehold title LR No. 25062, and the Applicant was found to be within the 1st Respondent's leasehold. The court held it lacked the power to overrule or stay the judgment of a court of concurrent jurisdiction, foreclosing the stay prayers without further analysis.

p. 4

Legal principles established

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  • This court cannot overrule a judgment of a court of concurrent jurisdiction

Court orders

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  1. 1.The application dated 24th January 2024 is dismissed
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 3A & 63(e)
  • Civil Procedure RulesOrder 42 Rule 6(2)
  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure RulesOrder 40 Rule 1
  • Constitution of Kenya, 2010Article 50

Cases cited (6)

  • Giella v Cassman Brown
    (1973) EA 358
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    CA No.77 of 2012 (2014) eKLR
  • Mrao Ltd v First American Bank of Kenya Ltd
    (2003) eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    (2018) eKLR
  • Amir Suleiman v Amboseli Resort Limited
    (2004) eKLR
  • Robert Mugo wa Karanja v Ecobank (Kenya) Limited & Another
    (2019) eKLR
Jurisdiction invoked
Sections 1A, 3A & 63(e) of the Civil Procedure Act; Order 42 Rule 6(2) & Order 51 Rule 1 of the Civil Procedure Rules

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, "Nzioka v Mavoko Land Development company Limited & another (Environment and Land Case E006 of 2025) [2026] KEELC 1774 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1774/eng@2026-03-25

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