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ELCPartially AllowedNot stated in the judgment (appeal from Civil Suit No. E994 of 2024, Magistrates' Court)· [2026] KEELC 2839 (KLR)

Iномва v Nairobi City Water & Sewerage Company Limited (Environment and Land Appeal E105 of 2025) [2026] KEELC 2839 (KLR)

Environment and Land Court
14 May 2026
3,347 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court blocked Nairobi Water from disconnecting a Pangani landlord's borehole, protecting water access for 200 residents pending appeal.

What this practically means

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Executive summary

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The Appellant, Isaac Maina Ihomba, was the plaintiff in Civil Suit No. E994 of 2024 before the Magistrates' Court, where he sought injunctive and declaratory orders restraining the Respondent, Nairobi City Water and Sewerage Company Limited, from interfering with his private borehole and water meter at L.R No. 209/1674/1, Pangani, Nairobi, serving over 70 tenants and more than 200 residents. The trial court, Hon. Pamela Achieng, upheld the Respondent's preliminary objection on jurisdiction - holding that the dispute fell within the Water Tribunal's remit and that statutory remedies had not been exhausted - and struck out the suit with costs on 5th June 2025. The Appellant appealed and moved the court under Article 159 of the Constitution, Sections 3A, 63(e) and 79G of the Civil Procedure Act and Order 40 of the Civil Procedure Rules for a temporary injunction restraining disconnection of the borehole and meter pending appeal. The Respondent opposed, contending the Motion was incompetent for misdirecting its prayers to a Tribunal and citing wrong provisions, that the Water Tribunal was properly constituted, and that the doctrine of exhaustion applied. The court framed one issue: whether the Appellant had discharged the conditions for a temporary injunction pending appeal. It held that the misdescription of the court and the citation of wrong provisions were not fatal, applying the Supreme Court's decision in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone and Article 159(2)(d). Applying the Giella v Cassman Brown principles and Order 42 rule 6(6), the court found a prima facie case, irreparable harm given the life-sustaining nature of water, and the balance of convenience favouring the Appellant. The court granted the injunction restraining interference with the borehole and meter pending determination of the appeal, with costs to abide the appeal. The merits of the jurisdictional dispute were reserved for the substantive appeal.

Key legal issues

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01

Whether the Motion was incompetent for misdescribing the court as a Tribunal and citing wrong provisions

Holding

The defects were not fatal and did not render the application incompetent

Reasoning

The court held that the reference to a 'Tribunal' was a mere misdescription causing no prejudice. Relying on the Supreme Court's decision in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone and Article 159(2)(d) of the Constitution, the court held that procedural provisions should not be interpreted as cast in stone and that citing a wrong provision is not fatal where the court has jurisdiction and the substance of the application is clear.

p. 6
02

Whether a prima facie case was established for a temporary injunction pending appeal

Holding

A prima facie case was established

Reasoning

The Appellant deponed, without contradiction, that he is the proprietor of the suit property housing over 70 tenants and 200 residents dependent on the borehole. Despite paying his bills, the Respondent threatened disconnection, a position not denied. The court found a right to continued access to water under imminent threat of infringement.

p. 6
03

Whether irreparable harm and the balance of convenience favoured the injunction

Holding

Both limbs favoured the grant of the injunction

Reasoning

Disconnection would expose the Appellant and tenants to serious hardship and health risks not compensable by damages, given water's life-sustaining character. The balance of convenience tilted in the Appellant's favour because the prejudice from disconnection outweighed any inconvenience to the Respondent, who may pursue any alleged dues through lawful means.

p. 6
04

Whether the court should make findings on the propriety of the trial court's striking out of the suit

Holding

The court refrained, reserving the jurisdictional question for the substantive appeal

Reasoning

The parties took opposed positions on whether the Magistrate properly declined jurisdiction and struck out the suit. The court held that the issue falls within the province of the substantive appeal, observing only that the appeal is not frivolous since it raises a substantive jurisdictional question.

p. 6

Legal principles established

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  • A failure to cite the correct provision of law, or citation of an incorrect provision, is not fatal where the court is otherwise seized of jurisdiction and the substance of the application is clear
  • A mere misdescription of the court does not go to the substance of an application nor occasion prejudice
  • Disconnection of water supply to a residential setting implicates public health and human dignity and cannot be adequately remedied by damages

Court orders

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  1. 1.An order of temporary injunction restraining the Respondent, its servants, officers, employees, agents and/or assigns from accessing, disconnecting, removing, closing, trespassing onto, dealing with and/or in any other manner interfering with the Applicant's private Borehole and Meter Number 5184546 situated and installed in the property known as L.R No. 209/1674/1, Pangani Area, Nairobi County pending the hearing and determination of the Appeal
  2. 2.Costs to abide the appeal
On appeal from
Magistrates' Court
Civil Suit No. E994 of 2024
Jurisdiction invoked
Appellate jurisdiction under Order 42 rule 6(6) of the Civil Procedure Rules; Article 159 of the Constitution of Kenya; Sections 3A, 63(e) and 79G of the Civil Procedure Act

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, "Iномва v Nairobi City Water & Sewerage Company Limited (Environment and Land Appeal E105 of 2025) [2026] KEELC 2839 (KLR)", Case Analysis (2026). Not stated in the judgment (appeal from Civil Suit No. E994 of 2024, Magistrates' Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2839/eng@2026-05-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.