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ELCPartially AllowedNot stated in judgment· [2026] KEELC 2823 (KLR)
Mudave & 2 others v Keya (Suing as the Officials of Pentecostal Assemblies of God Kenya, Hardy Assembly - P.A.G Hardy) (Enviromental and Land Originating Summons E089 of 2025) [2026] KEELC 2823 (KLR)
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#What this practically means
#Executive summary
#The Plaintiffs, a church with a membership of over 500 persons, moved the Court by Notice of Motion dated 18th December 2025 seeking temporary injunctions restraining the Defendant, the registered proprietor of LR No. 1160/766 in Hardy, Karen, from interfering with their quiet possession or evicting them pending the hearing of their suit. They claimed occupation since 1987, conducting prayer services, baptisms and weddings, and erecting permanent structures, such that their title had crystallised by adverse possession. The Defendant, who had served a demand letter dated 21st October 2025 and a statutory notice dated 30th October 2025 to vacate, contended that the Plaintiffs were trespassers who had forcibly entered her land, and that damages would suffice for any loss. Both parties filed written submissions invoking the Giella v Cassman Brown principles, with the Plaintiffs relying on Mrao Ltd v First American Bank for the definition of a prima facie case. The court framed a single issue: whether the Plaintiffs met the threshold for a temporary injunction. It found that although the Plaintiffs had not precisely established when they entered the land or erected structures, permanent structures and ongoing church activities were evident, and a prima facie case had been demonstrated. However, because the Defendant is the registered proprietor and asserts trespass, the court declined to grant the injunctions as sought and instead ordered that the status quo be maintained, with the party on the land remaining thereon but not developing it further, pending the hearing and determination of the suit. Costs were ordered to be in the cause. Judgment delivered at Nairobi on 13th May 2026 by Christine Ochieng, Judge.
Key legal issues
#01
Whether the Plaintiffs established a prima facie case for a temporary injunction based on adverse possession
Holding
The Plaintiffs demonstrated a prima facie case warranting interim protection, though not the injunction as sought
Reasoning
The court applied Giella v Cassman Brown and the Mrao definition of a prima facie case. It noted the Defendant's admitted registration and service of demand and statutory notices. Although the Plaintiffs did not state precisely when they entered or erected the permanent structures, permanent structures and ongoing church activities were evident. This sufficed for a prima facie case, but the court chose status quo orders instead of an injunction given the Defendant's registered title.
p. 3
Legal principles established
#- Where a claimant asserts adverse possession against a registered proprietor, interim protection should preserve the existing state of occupation rather than grant an injunction against the registered owner
Court orders
#- 1.Obtaining status quo be maintained: the party on the suit land should remain therein but not develop it further, pending the hearing and determination of the suit
- 2.Costs in the cause
- Jurisdiction invoked
- Inherent civil jurisdiction over land disputes (temporary injunction over LR No. 1160/766); no specific constitutional/statutory provision stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mudave & 2 others v Keya (Suing as the Officials of Pentecostal Assemblies of God Kenya, Hardy Assembly - P.A.G Hardy) (Enviromental and Land Originating Summons E089 of 2025) [2026] KEELC 2823 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2823/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.