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ELCPartially AllowedNot stated in the extract (Murang'a ELC suit; motion dated 26-2-2025)· [2026] KEELC 2005 (KLR)

Delmonte Kenya Limited v County Government of Murang’A (Environment and Land Case E006 of 2025) [2026] KEELC 2005 (KLR)

Environment and Land Court
14 April 2026
1,997 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Murang'a stopped the county government from entering Del Monte's land until the ownership dispute is finally decided.

What this practically means

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Executive summary

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The Plaintiff, Del Monte Kenya Limited, registered proprietor of L.R. No. 12157/10 in Murang'a County under a 99-year lease renewed with the Defendant's approval, moved the court by notice of motion seeking an interlocutory injunction restraining the County Government of Murang'a from entering upon, trespassing on, or using the suit land. The Plaintiff complained of a survey visit on 7-2-2025 and a letter of 13-2-2025 requiring it to vacate within 14 days, allegedly for encroaching on L.R. No. 9213/1, a parcel the Plaintiff said did not exist and whose vacation notice did not comply with Section 152C of the Land Act, 2012. The Defendant, through the County Chief Officer, Lands, opposed the motion, contending that parcels 9213/1 and 9213/2 were declared public land in Murang'a ELC Case No. 47 of 2020 (OS), a judgment affirmed in Thika ELC Petition No. E016 of 2024, and that Article 40(6) does not protect unlawfully acquired property. The Plaintiff rejoined that an appeal (Nyeri Civil Appeal No. COACA E175 of 2023) was pending, that it was never a party to the Thika petition, and that no survey report or title documents had been produced. Framing five issues, the court found the existence and public/private status of parcels 9213/1 and 9213/2 contentious and pending appeal, that the Plaintiff was not a party to the Thika petition, and that the Plaintiff remained in occupation. Declining to assess the prima facie case and irreparable injury limbs at the interlocutory stage, the court found the balance of convenience favoured the Plaintiff remaining in possession and preserved the status quo, allowing the motion in terms of prayer 3, with costs in the cause.

Key legal issues

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01

Existence and status of L.R. Nos. 9213/1 and 9213/2

Holding

The precise location and acreage remain contentious; the Defendant annexed no title documents and the judgment declaring them public land is under appeal, so the public/private status is pending before the Court of Appeal.

Reasoning

The court observed that the Defendant had not annexed title documents for the parcels, that the judgment in ELC 47/2020 was on appeal in Nyeri Civil Appeal No. 175/2023, and that whether the land is private or public remained pending before the Court of Appeal. This finding disposed of both the first and second issues.

p. 4
02

Whether the Plaintiff was a party to Thika ELC Petition No. E016 of 2024

Holding

The Plaintiff was not a party to that petition and does not feature anywhere in it.

Reasoning

The court examined the record of the Thika petition and listed the parties: the General of the Salvation Army as Petitioner, the Chief Officer Lands, Physical Planning and Urban Development and the County Government as Respondents, and the National Land Commission, Chief Land Registrar and Attorney General as interested parties. The Plaintiff appeared nowhere, so the affirmation of the earlier ruling could not bind it as a party.

03

Balance of convenience for the interlocutory injunction

Holding

The balance of convenience tilts in favour of the Plaintiff remaining in possession until final determination; allowing the Defendant onto the land pending suit would be unfair and unreasonable.

Reasoning

Because the suit was at the interlocutory stage with pleadings not closed, the court declined to determine the prima facie case and irreparable injury limbs of the Giella test, confining itself to the balance of convenience. It found that the Defendant's entry pending the outcome would be neither fair nor just, and that preserving the status quo protects the substratum of the dispute.

p. 4

Legal principles established

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  • Where the pleadings are not closed at the interlocutory stage, the court may determine an interlocutory injunction on the balance of convenience without deciding whether a prima facie case or irreparable loss has been established.
  • Pending final determination, the status quo should be preserved so the substratum of the dispute is not interfered with.

Court orders

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  1. 1.An injunction issued restraining the Defendant, its agents, servants, employees or any other person acting under them from entering, trespassing upon, using, erecting structures, or conducting any other activities on land reference No. 12157/10, pending the hearing and determination of the suit
  2. 2.Costs in the cause
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(c) and (e) of the Civil Procedure Act; Orders 40 rule 1 and 50 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, "Delmonte Kenya Limited v County Government of Murang’A (Environment and Land Case E006 of 2025) [2026] KEELC 2005 (KLR)", Case Analysis (2026). Not stated in the extract (Murang'a ELC suit; motion dated 26-2-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2005/eng@2026-04-14

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