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ELCPartially AllowedNot stated in the judgment· [2026] KEELC 2647 (KLR)

Murang’a County Government v Nyingi & another (Environment and Land Case E055 of 2025) [2026] KEELC 2647 (KLR)

Environment and Land Court
6 May 2026
773 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Murang'a (M.N. Gicheru J) on a notice of motion dated 29-9-2025 brought by the Murang'a County Government under Order 40 rule 2 of the Civil Procedure Rules and Sections 3A and 63(e) of the Civil Procedure Act. The Plaintiff, through the affidavit of its Director of Planning, sought a temporary injunction restraining the 1st and 2nd Defendants from using, dealing with, alienating or interfering with the status of the suit land, Murang'a/Municipality/Block 2/528, pending the hearing of the suit. The Plaintiff contended that the land, described in the 1977 Murang'a Municipality Development Plan (approved in 1978) as a road truncation of 0.4 ha, is public land vested in the county as custodian and never available for private allocation; that the 1st Defendant's claimed title rests on a 1996 letter of allotment and a 2010 certificate of lease; and that there are discrepancies between the area stated in the certificate of lease (0.0195 Ha) and in the lease itself (0.00225 Ha). The 1st Defendant opposed, asserting the 1977 plan was reviewed in 1996 when she received her allotment, that she is blameless for clerical errors in her title, that the Plaintiff has collected rates from her for 13 years, and that the land was delineated by qualified surveyors. Only the Plaintiff filed submissions. The court found registration in the 1st Defendant's name undisputed and occupation by third parties paying rates to the Plaintiff uncontroverted. It ordered maintenance of the status quo - the 1st Defendant remaining registered owner and the occupants remaining - until the suit is heard and determined, allowed the motion in terms of prayers 2 and 3, and reserved costs to the cause.

Key legal issues

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01

Whether the conditions for an interlocutory injunction were satisfied

Holding

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

Reasoning

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.

p. 2
02

Costs of the application

Holding

Costs were reserved to the outcome of the suit

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.The motion dated 29-9-2025 is allowed in terms of prayers 2 and 3
  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

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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, "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.