Mwadubo & Co Advocates & another v Soita t/a Soita & Associates Advocates & another (Enviromental and Land Originating Summons E072 of 2025) [2026] KEELC 3375 (KLR)
The bottom line
#The Environment and Land Court dismissed a bid to overturn an interim injunction, ruling it had already been replaced by a final decision.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
#Executive summary
#Key legal issues
#Whether the application for review of the ex parte interim injunction was overtaken by events
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.
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 Since the interim orders were spent and had been replaced by substantive injunctive orders, the applicant's challenge was misdirected.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.
Whether the application was merited on the merits (res judicata, sub judice and non-disclosure)
Not determined; the application failed on the threshold issue of being overtaken by events.
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the parties in the Rent Restriction Tribunal differed and the reliefs differed, and that the tribunal matter had been withdrawn.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.
Legal principles established
#- Where interim orders sought to be reviewed have been superseded by the court's subsequent ruling on the underlying application on the merit, an application for review of the interim orders is overtaken by events and the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
#- 1.The Notice of motion application dated 21st November 2025 is not merited and is hereby dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.