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ELCPartially Allowed· [2026] KEELC 4140 (KLR)

Muiruri v County Government of Nakuru (Environment and Planning Civil Case 2 of 2024) [2026] KEELC 4140 (KLR)

Environment and Land Court
2 July 2026
LKL Komingoi
1,236 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru landlord won a permanent injunction stopping the county government from evicting her and her tenants over a dangerous building on neighbouring land she does not own.

What this practically means

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Executive summary

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The Plaintiff, registered proprietor of Nakuru/Municipality Block 22/4354 (Muguga) and 22/4355 (Muguga), sued seeking a permanent injunction restraining the Defendant from interfering with her and her tenants' occupation, use and enjoyment of the premises. On 8th March 2024 she and her tenants received a notice to vacate on the ground that a four-storey building on the adjacent parcel, Nakuru/Municipality Block 22/3671 - which she does not own - was structurally unsound. She alleged the Defendant, having approved the defective construction, was attempting to conceal its negligence by issuing the notice, and that eviction without a resettlement plan would violate her rights and destroy her source of rental income of about Kshs. 116,000 per month. The Defendant entered appearance but filed no defence and did not participate in the hearing; the Plaintiff's evidence was therefore uncontroverted. The court identified a sole issue: whether the suit was merited. Relying on Shanebal Limited v County Government of Machakos and Karuru Munyororo v Joseph Ndumia Mwage & Another, the court held that even in an undefended suit the plaintiff must prove the case on a balance of probabilities, and was satisfied the Plaintiff had done so. Judgment was entered for the Plaintiff: a permanent injunction was issued restraining the Defendant, its servants and agents from interfering with the occupation, use and enjoyment of the two suit parcels, but no orders as to costs were made despite the Plaintiff's prayer for costs.

Key legal issues

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01

Whether the Plaintiff proved her case on a balance of probabilities to warrant a permanent injunction

Holding

Yes. Her title to the suit parcels was undisputed; the structurally unsound building stood on an adjacent parcel (Block 22/3671) not owned by her; her unchallenged evidence proved entitlement to the injunction.

Reasoning

The court found it undisputed that the Plaintiff held certificates of title for Blocks 22/4354 and 22/4355. The vacate notice arose from defects on adjacent Block 22/3671, which she did not own. Although unopposed, her evidence had to meet the balance-of-probabilities standard, which the court found satisfied, justifying the permanent injunction.

Legal principles established

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  • Even where a suit is undefended, the plaintiff must still prove the case on a balance of probabilities

Court orders

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  1. 1.A permanent injunction restraining the Defendant, its servants and/or agents from interfering with the Plaintiff and her tenants' occupation, use and enjoyment of premises on Nakuru/Municipality Block 22/4354 (Muguga) and Nakuru/Municipality Block 22/4355 (Muguga)
  2. 2.No orders as to costs

Authorities

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Legislation

  • Physical and Land Use Planning ActSection 72(1) and (2); Section 72(2)(c)
  • Constitution of Kenya, 2010Article 10

Cases cited (3)

  • Njeri & 8 Others v Nyakiongora & 3 Others; National Land Commission & another (Interested Parties)
    [2022] KEELC 2366 (KLR)
  • Shanebal Limited v County Government of Mackakos
    (2018) eKLR
  • Karuru Munyororo v Joseph Ndumia Mwage & Another, Nyeri HCCC No.95 of 1988
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land parcels in Nakuru (not expressly invoked in the judgment)

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, "Muiruri v County Government of Nakuru (Environment and Planning Civil Case 2 of 2024) [2026] KEELC 4140 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4140/eng@2026-07-02

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