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ELCDismissedELC Case No. ELCLOS/E072/2025· [2026] KEELC 3375 (KLR)

Mwadubo & Co Advocates & another v Soita t/a Soita & Associates Advocates & another (Enviromental and Land Originating Summons E072 of 2025) [2026] KEELC 3375 (KLR)

Environment and Land Court
4 June 2026
1,111 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court dismissed a bid to overturn an interim injunction, ruling it had already been replaced by a final decision.

What this practically means

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Executive summary

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The Applicant moved the Environment and Land Court by notice of motion dated 21st November 2025 seeking, principally, the review, variation, rescission, setting aside and declaration of nullity of an ex parte temporary injunction issued on 6th November 2025 in ELC Case No. ELCLOS/E072/2025 by Justice Mohamed N. Kullow, together with an order compelling the 2nd Respondent to pay outstanding rent arrears of USD 10,200 and continue monthly rent of USD 3,899, failing which the Applicant could levy distress. The Applicant argued that the injunction was obtained through non-disclosure and misrepresentation, that a similar matter was pending before the Rent Restriction Tribunal (RCC Case No. 1967/2025), and that the suit was res judicata and sub judice. The 2nd Respondent opposed, contending the application was defective for unmarked annexures, that she had complied with the sale agreement (paying a deposit of USD 85,136 and a balance of USD 600,000), that the tribunal parties and reliefs differed, and that the tribunal matter had since been withdrawn. Counsel for the 2nd Respondent relied on Pharmacy and Poisons Board & Another v Mwiti & 21 others and Public Service Commission v Osoro. The court framed two issues: whether the application was overtaken by events, and whether it was merited. Finding that the court had already adjudicated the underlying application on merit in a ruling dated 18th May 2026, granting injunctive orders, the court held the interim orders no longer existed and dismissed the application, with costs abiding in the cause.

Key legal issues

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01

Whether the application for review of the ex parte interim injunction was overtaken by events

Holding

Yes. The interim orders of 6th November 2025 had issued from the application dated 31st October 2025, which this court heard and determined on merit in a ruling delivered on 18th May 2026 granting injunctive orders; the interim orders no longer existed and could not be the subject of review.

Reasoning

The court's record confirmed a ruling dated 18th May 2026 by which it adjudicated the application that had given rise to the interim orders. Since the interim orders were spent and had been replaced by substantive injunctive orders, the applicant's challenge was misdirected. The court agreed with counsel that the proper course was a fresh application for review and setting aside of the injunctive orders granted on 18th May 2026, not the present application.

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02

Whether the application was merited on the merits (res judicata, sub judice and non-disclosure)

Holding

Not determined; the application failed on the threshold issue of being overtaken by events.

Reasoning

Having found the application overtaken by events, the court did not resolve the alleged non-disclosure, misrepresentation, res judicata or sub judice grounds. The 2nd respondent had opposed on the basis that the parties in the Rent Restriction Tribunal differed and the reliefs differed, and that the tribunal matter had been withdrawn. The court did not make findings on these contentions.

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Legal principles established

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  • Where interim orders sought to be reviewed have been superseded by the court's subsequent ruling on the underlying application on the merit, an application for review of the interim orders is overtaken by events and the proper remedy is a fresh application targeting the substantive ruling

Court orders

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  1. 1.The Notice of motion application dated 21st November 2025 is not merited and is hereby dismissed
  2. 2.Costs shall abide in the cause
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to review, vary or set aside its own interim orders (including ex parte injunction issued on 6th November 2025 in ELC Case No. ELCLOS/E072/2025)

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, "Mwadubo & Co Advocates & another v Soita t/a Soita & Associates Advocates & another (Enviromental and Land Originating Summons E072 of 2025) [2026] KEELC 3375 (KLR)", Case Analysis (2026). ELC Case No. ELCLOS/E072/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3375/eng@2026-06-04

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