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ELCDismissedNot stated in the judgment (notice of motion dated 15-4-2026)· [2026] KEELC 3650 (KLR)

Macharia & another v Muchiri (Land Originating Summons E005 of 2025) [2026] KEELC 3650 (KLR)

High Court of Kenya (as constituted at Murang'a; court division not stated)
15 June 2026
MGM.N. Gicheru
283 words in judgment
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The bottom line

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The High Court at Murang'a dismissed landowners' request to protect their property because the court had already granted the same protection a year earlier by consent.

What this practically means

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Executive summary

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This ruling by M.N. Gicheru Judge, delivered virtually at Murang'a on 15 June 2026, determines a notice of motion dated 15 April 2026 brought by the Plaintiffs under Section 3 of the Civil Procedure Act and all enabling provisions of the law. The motion sought three residual orders: registration of a restriction/restraining order against L.R. No. Loc.3/Githumu/956 registered in the name of Jones Gate Muchiri, the Defendant; an interim injunction restraining the Defendant, his agents, servants and anyone claiming under him from building, constructing, selling or alienating the suit property pending the hearing and determination of the suit; and costs of the application borne by the Respondent. The application was supported by the Plaintiffs' affidavit dated 15 April 2026 on the grounds that the suit land is registered in the Defendant's name and that the Plaintiffs had reliable information that the Defendant intended to sell it secretly, defeating the suit and the ends of justice. Although served, the motion was unopposed - the Defendant filed no replying affidavit or grounds of opposition. The court nonetheless dismissed it, finding that on 26 March 2025 a similar application dated 29 January 2025 had already been allowed by consent, making the present motion a mere repetition of the earlier one. Costs were not addressed. The Plaintiffs' underlying suit remains pending.

Key legal issues

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01

Whether an unopposed motion reproducing relief already granted by consent should be allowed

Holding

The motion was dismissed because it duplicated a prior application that had been allowed by consent on 26-3-2025

Reasoning

The court considered the motion in its entirety and noted that despite the Defendant not filing a replying affidavit or grounds of opposition, the substance of the application was already covered. On 26-3-2025 a similar application dated 29-1-2025 had been allowed by consent, meaning the plaintiffs already enjoyed the protection sought. Allowing the new motion would amount to a repetition. The unopposed status of the motion therefore did not entitle the applicants to the orders.

p. 2

Legal principles established

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  • A party may not re-litigate interlocutory relief already granted by consent; a repeated application is liable to dismissal

Court orders

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  1. 1.The motion dated 15-4-2026 is dismissed
Jurisdiction invoked
Section 3 of the Civil Procedure Act and all enabling provisions of the law

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, "Macharia & another v Muchiri (Land Originating Summons E005 of 2025) [2026] KEELC 3650 (KLR)", Case Analysis (2026). Not stated in the judgment (notice of motion dated 15-4-2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3650/eng@2026-06-15

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