Murang’a County Government v Nyingi & another (Environment and Land Case E055 of 2025) [2026] KEELC 2647 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the conditions for an interlocutory injunction were satisfied
The court did not grant the injunction in the precise terms sought; it instead ordered maintenance of the status quo pending hearing, allowing the motion in terms of prayers 2 and 3
The court noted that both parties agreed the 1st Defendant is the registered owner of the suit land, and that the land appears to be occupied by third parties paying rates to the Plaintiff, a fact sworn to by the 1st Defendant and not controverted by any supplementary material from the Plaintiff. Balancing these undisputed facts, the court held preservation of the status quo was the appropriate interim relief: the 1st Defendant remains registered owner and those in occupation remain until the suit is heard and determined. The motion was allowed in terms of prayers 2 and 3, with costs in the cause.
Costs of the application
Costs were reserved to the outcome of the suit
Rather than awarding costs to either party at the interlocutory stage, the court ordered costs in the cause, leaving the question of who bears the costs of the application to be determined with the costs of the main suit after full hearing.
Legal principles established
#- Where a plaintiff has not controverted a defendant's sworn account of the current occupation of suit land, the court may preserve the status quo - registration and occupation as they stand - pending hearing
Court orders
#- 1.Status quo to be maintained: the 1st Defendant remains the registered owner of the suit land (Murang'a/Municipality/Block 2/528) and those in occupation remain until the suit is heard and determined
- 2.The motion dated 29-9-2025 is allowed in terms of prayers 2 and 3
- 3.Costs in the cause
- Jurisdiction invoked
- Order 40 rule 2 of the Civil Procedure Rules; Sections 3A and 63(e) of the Civil Procedure Act (inherent jurisdiction and preservation of property pending suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murang’a County Government v Nyingi & another (Environment and Land Case E055 of 2025) [2026] KEELC 2647 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2647/eng@2026-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.