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ELCDismissedNotice of Motion Application dated 30.10.2025 (arising out of a Petition)

Lepakkiras & 7 others v Sereolopi Community Land Management Committee (CMLC) & 7 others (Environment and Land Petition E005 of 2025) [2026] KEELC 3549 (KLR)

Environment and Land Court
8 June 2026
6,374 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~25 min to read original · ~4 min brief

The bottom line

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Sereolipi community members lost their bid to block a land lease after failing to prove their consultation claims in an interlocutory application before the Isiolo Environment and Land Court.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Isiolo (Oguttu Mboya, J) on a Notice of Motion dated 30.10.2025 filed by members of the Sereolipi community seeking interim injunctive, prohibitory, mandatory and disclosure reliefs pending the hearing of a petition challenging an intended lease of Sereolipi community land to an investor. The Applicants alleged the lease lacked community approval and adequate public participation and would cause food insecurity, economic deprivation and displacement. The 1st and 2nd Respondents (the community land management body), the 3rd Respondent (the investor), the 4th, 5th and 8th Respondents opposed; the County Government of Samburu filed no response. The court framed four issues. First, it held no prima facie case was established: the Applicants failed to controvert minutes and resolutions showing community engagements, and whether public participation met the threshold is a matter for plenary hearing. Second, the 3rd Respondent was properly joined as a necessary party, being the conceded beneficiary of the lease. Third, the 5th (Land Registrar Nyahururu), 6th (County Government of Samburu) and 7th (National Land Commission) Respondents were improperly sued, the land being duly registered. The court also held that conservatory orders canvassed only in submissions could not be entertained, and that disclosure claims under Article 35 fell outside the ELC's mandate and bypassed the Access to Information Act mechanism. The application was dismissed in its entirety, the petition against the 5th, 6th and 7th Respondents was struck out, and costs were awarded to the Respondents, to be agreed or taxed.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicants have established/satisfied the conditions to warrant the grant of orders of temporary injunction or otherwise
  2. 2.Whether the 3rd Respondent has been improperly joined in the proceedings
  3. 3.Whether the 5th, 6th and 7th respondents have been properly sued
  4. 4.What reliefs (if any) ought to be granted

Key legal issues

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01

Whether a prima facie case was established for temporary injunction

Holding

No prima facie case established; the Applicants failed to place credible evidence that the community was not consulted, and minutes of engagements annexed by the Respondents were not controverted

Reasoning

The Applicants bore the burden of proving lack of consultation and informed consent. They did not adduce evidence to controvert the minutes and resolutions annexed by the 1st, 2nd and 3rd Respondents showing engagements with the community. Whether the engagements met the qualitative and quantitative threshold of public participation is a matter for plenary hearing with evidence and cross-examination, not an interlocutory application. Absent a prima facie case, the injunction must fail.

p. 7
02

Whether the 3rd Respondent was improperly joined

Holding

The 3rd Respondent is properly joined and is a necessary party, being the conceded beneficiary of the intended lease

Reasoning

The 3rd Respondent conceded it is the investor in whose favour the lease is being issued and is engaged in ongoing negotiations. It cannot deny a cause of action against itself while claiming the benefit of the lease (approbating and reprobating). Striking it out risks its rights and interests being affected without participation, contrary to Articles 47 and 50 of the Constitution. Applying the definition of cause of action in Kigwor Company Limited v Samedy Trading Company Limited, a cause of action exists against it.

p. 8
03

Whether the 5th, 6th and 7th Respondents were properly sued

Holding

The 5th, 6th and 7th Respondents were improperly joined; the petition against them was struck out

Reasoning

The community land is duly registered with a certificate of title, so the County Government's custodianship under Section 6 of the Community Land Act ceased and management vests in the CLMC. The Land Registrar Nyahururu, appointed under the Land Registration Act, has no mandate over community land, which is the domain of the Community Land Registrar. The National Land Commission's mandate under Articles 67 and 68 extends only to public land. Their joinder was founded on misapprehension of the law.

p. 9
04

Whether conservatory orders canvassed only in submissions could be granted

Holding

No - a party cannot seek a new relief through submissions without amending the application

Reasoning

The Applicants raised conservatory orders for the first time in their written submissions, although the notice of motion did not seek them. Introducing a new relief through submissions amounts to smuggling the issue through the back door. The correct course was to amend the application. Citing IEBC v Stephen Mutinda Mule and Emuria v Sambu, the court held the issue was not available for consideration.

p. 12
05

Whether the court could compel disclosure of accounts and records under Article 35

Holding

No - Article 35 does not fall within the mandate of the Environment and Land Court and the Applicants bypassed the Access to Information Act mechanism

Reasoning

Following Aluochier v Senate and Njonjo Mue v IEBC (Supreme Court), citizens seeking information held by state organs must follow the prescribed procedure under the Access to Information Act, including application to the custodian and review by the Commission on Administrative Justice. The Applicants' approach was unorthodox, premature and misconceived, and Article 35 enforcement falls outside the ELC's mandate.

p. 11

Legal principles established

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  • Failure to establish a prima facie case defeats the grant of an order of temporary injunction
  • A party cannot introduce a new relief through written submissions; the application must be amended
  • Upon registration of community land, the County Government's role as custodian ceases and management vests in the Community Land Management Committee
  • A party cannot approbate and reprobate - one who concedes being the beneficiary of a lease cannot simultaneously claim no cause of action exists against it
  • Citizens seeking information under Article 35 must follow the prescribed procedure under the Access to Information Act

Court orders

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  1. 1.The Application dated the 30.10.2025 be and is hereby Dismissed
  2. 2.The Petition as against the 5th, 6th and 7th Respondents be and is hereby struck out
  3. 3.Costs of the application be and are hereby awarded to the Respondents
  4. 4.Costs of the Petition (the limb of the Petition struck out) be and are hereby awarded to 5th, 6th and 7th Respondents
  5. 5.The costs shall be agreed upon and in default be taxed in the conventional manner

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 2, 3, 10, 11, 21, 22, 23, 40, 42, 43, 47, 56, 60, 63, 69 and 159 of the Constitution; Sections 6 and 16 of the Community Land Act, 2016

Relief refused

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Interim injunction restraining the 1st, 2nd and 3rd Respondents from signing, executing or formalizing any lease agreement over the Sereolipi community land

No prima facie case established; public participation is a matter for plenary hearing

p. 8

Interim injunction prohibiting recruitment/employment of rangers, drivers, guides or staff

No prima facie case established; precondition for temporary injunction absent

p. 9

Order compelling the 6th Respondent (County Government of Samburu) to revoke approvals/consents/leases

County Government's custodianship ceased upon registration of the community land; prayer based on misapprehension of Section 6(7) of the Community Land Act

p. 10

Prohibitory order restraining intimidation, harassment or interference with community members

Allegations constitute cognizable offences under the Penal Code; Applicants should lodge complaints with the Inspector General of Police

p. 10

Order compelling the 5th Respondent (Land Registrar Nyahururu) to disclose title deed, registers and survey records

The Land Registrar appointed under the Land Registration Act is not the custodian of community land records; the Access to Information Act lays down the proper mechanism

p. 10

Order compelling the 1st, 2nd, 3rd and 4th Respondents to disclose books of accounts, financial statements and payment records

Premature and misconceived; Article 35 claims do not fall within the mandate of the Environment and Land Court and the prescribed procedure was not followed

p. 12

Reference of the dispute to court-supervised mediation

Not specifically addressed as the application was dismissed in its entirety

Conservatory orders canvassed in written submissions

Not pleaded in the application; cannot introduce a new relief through submissions

p. 12

Costs

Costs of the application awarded to the Respondents; costs of the Petition (the limb struck out) awarded to the 5th, 6th and 7th Respondents, to be agreed and in default taxed in the conventional manner

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

i. The Application dated the 30.10.2025 be and is hereby Dismissed.
p. 12Final orders - dismissal of the application
ii. The Petition as against the 5th, 6th and 7th Respondents be and is hereby struck out.
p. 12Final orders - striking out petition against improperly joined respondents
iii. Costs of the application be and are hereby awarded to the Respondents.
p. 12Costs of the application
iv. Costs of the Petition [the limb of the Petition struck out] be and hereby awarded to 5th, 6th and 7th Respondents.
p. 12Costs of the struck-out limb of the petition
The failure to establish a prima facie case defeats the grant of an order of temporary injunction.
p. 8Temporary injunction - prima facie case precondition
It is trite and established that a party cannot canvass a new issue; or seek to introduce a new relief, through the submissions.
p. 12Pleadings - reliefs cannot be introduced via submissions
upon registration the mandate to administer and manage the registered community land vest[s] in the appointed Community Land Management Community [CLMC] and not the County Government.
p. 10Community land - role of County Government ceases on registration
It cannot lie in the mouth of the 3rd Respondent that there is no cause of action against it and that same should be struck out the proceedings, while on the other hand conceding that it is the beneficiary of the intended lease.
p. 8Approbate and reprobate - necessary party

Issues in the judgment

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minor

Inconsistent dating of the application - it is described as 'dated the 30.10.2025' in the opening paragraph but as 'dated the 30.01.2025' in paragraph 32

minor

Inconsistent spelling of the 3rd Respondent's deponent's name - 'David Stogdale' and 'David Stogdele' appear in the same judgment

minor

The supporting affidavit is variously described as 'sworn on the 30.10.2025' and the application date given inconsistently as 'even date'

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, "Lepakkiras & 7 others v Sereolopi Community Land Management Committee (CMLC) & 7 others (Environment and Land Petition E005 of 2025) [2026] KEELC 3549 (KLR)", Case Analysis (2026). Notice of Motion Application dated 30.10.2025 (arising out of a Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3549/eng@2026-06-08

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