Humphrey Gitari Kenya & 3 others v Njagi (Sued as the legal representative of the Estate of M'Riria M'Irambu alias Wilson Njoka - Deceased) (Land Case E017 of 2025) [2026] KEELC 2335 (KLR)
The bottom line
#A Kenyan court froze all transactions on two land parcels for 10 months while families fight over ownership through adverse possession claims.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application satisfies the criteria for issuing an ordinary interlocutory injunction in the nature of an inhibition under Section 68 of the Land Registration Act, 2012 and Order 40 of the Civil Procedure Rules
Key legal issues
#Whether the applicants established a prima facie case warranting an inhibition order over the suit parcels
The applicants made out a proper prima facie case warranting temporary preservation of the parcel registers, since they have presence on the land and ongoing succession proceedings exclude them as beneficiaries or creditors.
The applicants claim title by adverse possession for over 12 years. Their presence on portions of the suit parcels was conceded or evident from the interlocutory material. The succession papers exhibited by the respondent did not disclose the applicants as beneficiaries or creditors, supporting apprehension of being uprooted. Whether occupation was adverse was a matter for trial.
Whether irreparable harm and balance of convenience favoured preservation
Both irreparable harm and the balance of convenience favoured preservation of the registers for a limited duration.
The plaintiffs reside on the suit parcels; disposal through succession could uproot them from their homes, harm not adequately compensable in damages. The balance of convenience similarly favoured preserving the parcel registers for a limited period, so the Giella criteria were satisfied and the inhibition was granted.
Legal principles established
#- An inhibition under Section 68 of the Land Registration Act is an interlocutory injunctive order barring dealings in a land register pending hearing and disposal of a case, and is tested against the Giella criteria.
- At interlocutory stage the court should refrain from making conclusive or definitive findings on the key issues in dispute.
- Definition of a prima facie case in civil applications as stated in Mrao Ltd v First American Bank of Kenya Ltd.
Court orders
#- 1.Order of inhibition barring registration of dealings, including transmissions, in the land registers relating to land parcel number Karingani/Ndagani/349 and Karingani/Muiru/437
- 2.The inhibition order shall lapse on expiry of 10 months unless extended by the court
- 3.Costs of the application shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 7 and 38 of the Limitation of Actions Act; Section 68 of the Land Registration Act, 2012; Order 40 of the Civil Procedure Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the court hereby issues an order of inhibition barring registration of dealings, including transmissions, in the land registers relating to land parcel number Karingani/Ndagani/349 and Karingani/ Muiru/437
Unless extended by the court, the above inhibition order shall lapse on expiry of 10 months from today. Costs of the application shall be in the cause.
the plaintifis have made a proper prima facie case warranting the preservation of the relevant parcel registers for a limited period of time
Whether their presence has been adverse is a question to be answered after trial.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Humphrey Gitari Kenya & 3 others v Njagi (Sued as the legal representative of the Estate of M'Riria M'Irambu alias Wilson Njoka - Deceased) (Land Case E017 of 2025) [2026] KEELC 2335 (KLR)", Case Analysis (2026). Originating Summons dated 8/12/2025 (Chuka ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2335/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.