Koech v Terer & another (Environment and Land Case E019 of 2025) [2026] KEELC 2599 (KLR)
The bottom line
#A Kericho court blocked land sale and eviction attempts, protecting a tea farmer's possession until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with probability of success
The court found that a prima facie case was established, the documents showing the Applicant is in possession of a portion of the suit parcel
The green card showed Kericho/Kapsuser/8015 was registered in the name of the 1st Defendant holding it in trust for listed children; sale agreements and a valuation report together with an Agriculture Department letter established the Applicant's possession and cultivation of tea on a 0.475-acre portion. Though some agreements lacked legible parcel descriptions, the totality of the material disclosed an apparently infringed right requiring rebuttal.
Whether the Applicant demonstrated irreparable injury not compensable by damages
The Applicant failed on the second limb
The Applicant merely asserted that he would suffer irreparable loss without explaining or demonstrating that the injury could not be adequately compensated by an award of damages. The threshold burden under Nguruman was not discharged, so the second Giella condition was not satisfied.
Where the balance of convenience lies
The balance of convenience tilts in favour of the Plaintiff/Applicant
The court, being in doubt after the Applicant's failure on irreparable injury, turned to the third limb. The Applicant was in actual possession, growing tea and trees on the suit parcel, which is registered in the name of the 1st Defendant holding it in trust for the children, one of whom is the 2nd Defendant. Preserving the status quo of possession favoured the Applicant.
Legal principles established
#- The conditions for grant of an interlocutory injunction are a prima facie case with probability of success, irreparable injury not adequately compensable by damages, and, if in doubt, the balance of convenience.
- A prima facie case is a genuine and arguable case showing an apparently infringed right calling for an explanation or rebuttal from the opposite party.
- An injury is irreparable only where monetary compensation can never be an adequate remedy; the burden is on the Applicant to demonstrate the nature and extent of the injury.
Court orders
#- 1.Temporary injunction issued against the 1st and 2nd Defendants/Respondents restraining them, their servants, agents and/or employees from selling, gifting, transferring, dealing, pledging, encumbering, subdividing, trespassing or otherwise entering or remaining on and/or evicting the Plaintiff/Applicant or interfering with his current possession and occupation of the suit property or any part thereof, and/or uprooting the 2000 existing tea bushes and trees planted thereon, pending the hearing and determination of this suit
- 2.The costs of the application shall abide the outcome of the suit
- Jurisdiction invoked
- Sections 1A, 1B, 3 & 3A of the Civil Procedure Act and Order 40 Rules 1 & 4 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koech v Terer & another (Environment and Land Case E019 of 2025) [2026] KEELC 2599 (KLR)", Case Analysis (2026). Not stated in the judgment (interlocutory ruling on Notice of Motion dated 8th September, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2599/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.