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ELCPartially AllowedELC E017 OF 2025· [2026] KEELC 3266 (KLR)

Vitalac International Limited v Karson Motor Engeneering Limited & 4 others (Environment and Land Case E017 of 2025) [2026] KEELC 3266 (KLR)

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

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A Kenyan court protected a tenant from eviction with an injunction, but only for one year, so tenants must plan their next legal steps early.

What this practically means

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Executive summary

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The plaintiff, through its manager Issak Ibrahim Issak, filed a notice of motion dated 22.10.2025 contemporaneously with the suit, seeking injunctions to restrain the defendants from interfering with its occupation of parcel L.R. 658/317, evicting it, or trespassing. The plaintiff averred that it leased the suit premises and parcel 318 from the 1st defendant for 15 years from 18.7.2025, paid two years' rent and took possession, but that on 19.10.2025 the 3rd and 4th defendants, as agents of the 1st-3rd defendants, descended on the premises causing mayhem with a view to evicting the plaintiff. The application was served but no responses were filed. The court perused the lease agreement dated 18.7.2025, confirmed the 15-year lease, and held that the applicant had a protectable interest in the suit premises. Applying the principles in Giella v Cassman Brown and Kenya National Union of Nurses v County Government of Mombasa, the court found the application merited and allowed it in terms of prayer no. 3, granting the injunction but limiting its duration to one year only. Costs of the application were ordered to abide the outcome of the suit. The ruling was delivered at Nyahururu on 21 May 2026 via Microsoft Teams, with Lucy N. Mbugua, Judge, presiding; counsel Mutisya h/b for Ogola appeared for the plaintiff and the respondents did not attend.

Key legal issues

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01

Whether the plaintiff demonstrated a protectable interest justifying an interlocutory injunction

Holding

The court found a valid 15-year lease and possession, hence a protectable interest, and allowed the application in terms of prayer 3

Reasoning

The application was served but unopposed; no responses were filed. The court perused the lease agreement dated 18.7.2025 and confirmed the plaintiff leased the suit premises for 15 years, paid two years' rent and took possession. Following Giella v Cassman Brown and KNUN v County Government of Mombasa, the court held the applicant had a protectable interest and that the application was merited, granting prayer 3 subject to a one-year limit.

p. 2

Legal principles established

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  • A lessee in possession under a valid lease has a protectable interest in the premises capable of supporting injunctive relief under the Giella v Cassman Brown principles

Court orders

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  1. 1.Injunction issued in terms of prayer no. 3 restraining the defendants from interfering with the plaintiff's occupation of parcel L.R. 658/317, evicting it, or trespassing on the land
  2. 2.The injunctive orders to remain in force for a period of ONE year only
  3. 3.Costs of the application to abide the outcome of the suit

Authorities

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Cases cited (2)

  • Giella Vs Cassman Brown & Co Ltd
    [1973] EA 358
  • Kenya National Union of Nurses v County Government of Mombasa & 2 others
    [2015] eKLR
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to land (interlocutory injunction application)

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, "Vitalac International Limited v Karson Motor Engeneering Limited & 4 others (Environment and Land Case E017 of 2025) [2026] KEELC 3266 (KLR)", Case Analysis (2026). ELC E017 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3266/eng@2026-05-21

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