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ELCDismissedNotice of Motion dated 14th May 2026 in the principal suit (ELC, Nairobi)· [2026] KEELC 4225 (KLR)

Cedars Restaurant Ltd v Soi & 2 others (Environment and Land Case E010 of 2026) [2026] KEELC 4225 (KLR)

Environment and Land Court
9 July 2026
2,845 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court ruled that its earlier order protecting Cedars Restaurant's possession was not permission to build, and it prevails over later contradictory orders.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (Angote J) determines a notice of motion dated 14th May 2026 by the 2nd and 3rd Defendants, brought under Section 19 of the County Outdoor Advertising Control Act, the Civil Procedure Act and Order 2 Rule 15 of the Civil Procedure Rules. The Applicants, represented through Samora Sikalieh, Chairperson of the Karen Langata District Association, sought a declaration that interim orders issued by the court on 16th March 2026 should not be construed as a positive license permitting the Plaintiff to continue construction and commercial development of L.R. No. 10126/6 in defiance of prohibitory orders issued by Lady Justice Kemei on 14th April 2026 in ELC Petition No. E010 of 2026. They also sought police enforcement assistance and costs. The Applicants argued the Plaintiff had suppressed material facts, obtained approvals tainted by procedural irregularity and lack of public participation under the Physical and Land Use Planning Act, 2019, and had opened 'The Cedars Restaurant' in contempt of the prohibitory orders. The court framed a single issue: whether its 16th March 2026 interim orders entitled the Plaintiff to continue construction after the Kemei J orders. On a plain reading, the 16th March order restrained only the Defendants from interfering with the Plaintiff's possession and imposed no restriction on the Plaintiff. Although the two sets of orders were contradictory, the court held it could not vary its own orders to align with those of Kemei J; the proper course was an application to set aside or vary them, which the Applicants had not filed. The orders of 16th March 2026, being first in time, prevail. The application was dismissed with costs.

Key legal issues

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01

Whether the interim injunction of 16th March 2026 amounted to a license to continue construction and commercial development despite later prohibitory orders

Holding

No. The 16th March 2026 order restrained only the Defendants from interfering with the Plaintiff's possession; it imposed no restriction on the Plaintiff and did not direct maintenance of the status quo.

Reasoning

The court undertook a plain reading of the order of 16th March 2026 and found it protective of the Plaintiff's quiet possession only. It did not order cessation of works. The subsequent orders of Kemei J in the constitutional petition were contradictory but were issued by a court of concurrent jurisdiction; this court could not vary its own orders to align with them, and the Applicants had not sought to set aside or vary the 16th March orders. Being first in time, those orders prevail.

p. 5
02

Whether the court could clarify or limit its orders in light of the subsequent orders of Kemei J

Holding

The court declined, holding that the proper remedy was an application to set aside or vary its orders, which the Defendants had not filed.

Reasoning

The Applicants instead filed a distinct suit and obtained injunctions from Kemei J. The court noted the two sets of orders were contradictory but held it could not purport to vary its own orders to align with those of a concurrent court, and declined to make any comment on Kemei J's orders as requested.

p. 6

Legal principles established

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  • A party who obtains subsequent orders in a separate suit from those existing in an earlier suit should apply to set aside or vary the earlier orders rather than ask the court to construe them against a later judgment.
  • Where a court's order protects a party's possession but imposes no restriction on that party, it does not operate as a license or a maintenance of the status quo.

Court orders

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  1. 1.The application dated 14th May, 2026 is dismissed with costs

Authorities

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Legislation

  • County Outdoor Advertising Control ActSection 19
  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 2 Rule 15(1)(a) and (d)
  • Civil Procedure RulesOrder 1 Rule 9
  • Constitution of KenyaArticle 42
  • Constitution of KenyaArticle 69
  • Constitution of KenyaArticle 10
  • Physical and Land Use Planning Act (PLUPA)2019
Jurisdiction invoked
Section 19 of the County Outdoor Advertising Control Act; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 2 Rule 15(1)(a) and (d) and Order 1 Rule 9 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Cedars Restaurant Ltd v Soi & 2 others (Environment and Land Case E010 of 2026) [2026] KEELC 4225 (KLR)", Case Analysis (2026). Notice of Motion dated 14th May 2026 in the principal suit (ELC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4225/eng@2026-07-09

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