Musti Investment Limited v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 4 others; Kenya Airport Authority & another (Interested Parties) (Environment and Land Petition E010 of 2025) [2026] KEELC 2216 (KLR)
The bottom line
#A Nakuru court lifted orders halting an affordable housing project, ruling that a later judgment on land ownership justified resuming construction.
What this practically means
#Executive summary
#Key legal issues
#Whether the conservatory orders issued on 15th January 2026 should be set aside or discharged on the ground of changed circumstances
The application was merited; the judgment in ELC 340 of 2015 delivered on 16th February 2026 constituted a change of circumstances, and the orders were discharged to allow construction of the affordable housing project to resume.
The court considered the judgment in ELC 340 of 2015, in which ownership of the suit property was determined against the Petitioner, as a material change in circumstances. Relying on James Juma Muchemi, Atlas Copco and St Patrick's Hill School, the court held it has discretion to discharge an injunction where maintaining it would be unjust. Maintaining the orders would expose the Government to substantial financial loss and wastage of public funds on a publicly funded project. A pending Notice of Appeal does not bar discharge, and the Petitioner would have a remedy if the judgment is ultimately set aside.
Legal principles established
#- A court retains discretion to discharge or vary an injunctive/conservatory order where the circumstances have changed or where the order no longer serves the ends of justice, and the pendency of a Notice of Appeal does not prevent that exercise of discretion.
Court orders
#- 1.The orders issued on 15th January 2026 are set aside and/or discharged to allow the 1st to 3rd Respondents to resume construction of the Affordable Housing Project
- 2.There be no orders as to costs
- Jurisdiction invoked
- Order 40 Rule 7 and Order 51 Rule 1 of the Civil Procedure Rules; Sections 1A, 1B & 3A of the Civil Procedure Act; Articles 10, 43 & 201 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Musti Investment Limited v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 4 others; Kenya Airport Authority & another (Interested Parties) (Environment and Land Petition E010 of 2025) [2026] KEELC 2216 (KLR)", Case Analysis (2026). Not stated in the ruling (related suit: Nakuru ELC 340 of 2015 - Kenya Airports Authority v Nakuru Teachers Housing Co-operative Society Ltd & 7 others). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2216/eng@2026-04-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.