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ELCAllowedNot stated in the judgment· [2026] KEELC 4083 (KLR)

Luvale & another (Suing as the Chairman and Secretary of New Hope Restoration Ministries) v Mumbi & 2 others (Environment and Land Case E603 of 2025) [2026] KEELC 4083 (KLR)

Environment and Land Court
6 July 2026
MCMbogo C.G.
1,958 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 blocked the eviction of a church and school from Roysambu land, ruling that evictions require Gazette publication and a valid court order.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 1st December 2025 by the plaintiff/applicant, New Hope Restoration Ministries, seeking a temporary injunction restraining the defendants from evicting, threatening to evict, trespassing on or otherwise interfering with parcel Nairobi/Block 138/60 in Lumumba Drive, Roysambu, plus an order that the OCS Kasarani enforce the orders. The plaintiff's case rested on a letter of allotment dated 10th June 2021 from the National Land Commission, later confirmed as authentic by an NLC letter of 21st July 2023, on the strength of which it operates Lumumba Drive Christian School. The 1st defendant, the MCA for Roysambu Ward, contended the property is public land reserved for an early childhood education centre, that the allocation was unprocedural (the letter of no objection having been signed by the county secretary contrary to Section 12(1) of the Land Act), and served a 60-day notice to vacate. The 2nd and 3rd defendants denied demolishing structures. Applying the Giella test as clarified in Mrao and Nguruman, the court found a prima facie land right established, held the MCA's eviction notice failed to follow the Land Act and NLC guidelines (no Gazette publication or court order), found irreparable harm since damages cannot substitute a crystallized right per Mosioma, and resolved the balance of convenience in the plaintiff's favour. The application was allowed: a temporary injunction issued pending hearing of the suit, the OCS Kasarani was directed to ensure compliance, and costs were awarded in the cause.

Key legal issues

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01

Whether the plaintiff established a prima facie case with a probability of success

Holding

Yes - the letter of allotment dated 10th June 2021, corroborated by a National Land Commission letter of 21st July 2023 confirming its authenticity, established a prima facie land right; the challenge to its legality is for trial.

Reasoning

The court applied the Giella test and the Mrao definition of a prima facie case. The exhibited letter of allotment, supported by the NLC letter confirming authenticity, showed an apparent right which the respondents' allegations of forgery and procedural irregularity did not displace at the interlocutory stage.

p. 4
02

Whether the plaintiff would suffer irreparable harm not compensable by damages

Holding

Yes - eviction or demolition would amount to irreparable harm, and damages would not be an adequate substitute for a crystallized right.

Reasoning

Relying on Joseph Siro Mosioma v Housing Finance Company of Kenya, the court held that damages is not an automatic remedy and cannot substitute a crystallized right. Interference would disrupt the nursery school, destroy structures and interrupt children's learning, making damages inadequate.

p. 4

Legal principles established

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  • A person issuing an eviction must comply with the procedure prescribed by the Land Act, including publication in the Kenya Gazette and a valid court order; absent this, there is no legal right to evict or demolish.

Court orders

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  1. 1.A temporary order of injunction is issued pending the hearing and determination of the suit, restraining the defendants/respondents, their agents, servants or any other person from evicting, threatening to evict, trespassing on and/or interfering in any other way with all that parcel of land known as Nairobi/Block 138/60, situated in Lumumba Drive, Roysambu within Nairobi County.
  2. 2.The OCS Kasarani police station is directed to ensure compliance with the injunction order.
  3. 3.Costs to be in the cause.

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 22 Rule 52; Order 40 Rule 1(a); Order 51 Rules 1 & 3
  • Land ActSection 12(1); Cap 280 (eviction procedure)

Cases cited (4)

  • Giella vs Cassman Brown & Company Limited
    (1973) E A 358
  • Mrao Ltd V First American Bank Of Kenya Limited And 2 Others
    [2003] eKLR
  • Nguruman Limited vs. Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • Joseph Siro Mosioma v. Housing Finance Company of Kenya & 3 Others
    [2008] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 22 Rule 52, Order 40 Rule 1(a), Order 51 Rules 1 & 3 of the Civil Procedure Rules

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, "Luvale & another (Suing as the Chairman and Secretary of New Hope Restoration Ministries) v Mumbi & 2 others (Environment and Land Case E603 of 2025) [2026] KEELC 4083 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4083/eng@2026-07-06

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