Gacheru & 2 others v Kinuthia & another (Land Case E014 of 2026) [2026] KEELC 4319 (KLR)
The bottom line
#A Kenyan court declined the specific orders sought but froze both properties and the land register as they stand, protecting everyone's position until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants are entitled to injunctive/inhibition orders pending hearing of the suit
The court declined the specific orders sought but issued status quo orders as on the ground and the register, to preserve the suit properties pending hearing and determination of the suit
Applying Order 40 Rule 1 of the Civil Procedure Rules and the Giella principles as restated in Rockland Kenya Ltd v Elliot White Miller, the court held the purpose of a temporary injunction is to preserve the substratum of the case. Finding it in the interest of justice to both parties, the court preserved the suit properties by way of status quo orders rather than granting the inhibition and injunctions as prayed.
Whether the Mombasa ELC had jurisdiction over properties in Mombasa and Kiambu counties
The court determined the matter on the basis that the parties had submitted to its jurisdiction, notwithstanding that one suit property is in Kiambu County
The suit was initially filed in Nairobi ELC and transferred to Mombasa because the suit properties were said to be outside that court's jurisdiction. The court noted the properties are in Mombasa and Kiambu counties but, since the parties had already submitted to the jurisdiction of the court, it elected to determine the application.
Legal principles established
#- The object of an interlocutory injunction is to protect the plaintiff against injury by violation of a legal right for which damages would not be adequate compensation, and the court must be satisfied there is a serious question to be tried
- An applicant for a temporary injunction must establish a prima facie case with probability of success, irreparable loss, and, if in doubt, that the balance of convenience tilts in its favour
- The purpose of a temporary injunction is to preserve the substratum of the case
Court orders
#- 1.Status quo orders issued as it is on the ground and the register at the lands office in respect of the suit properties, pending the hearing and determination of this suit
- 2.Costs in the cause
- 3.Mention on the 1st of October 2026 at 9.00 am
- Jurisdiction invoked
- Environment and Land Court jurisdiction; the suit was transferred from ELC Nairobi to Mombasa ELC on directions of Hon. Justice Mohamed N. Kullow dated 22nd December, 2025, and parties submitted to the court's jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gacheru & 2 others v Kinuthia & another (Land Case E014 of 2026) [2026] KEELC 4319 (KLR)", Case Analysis (2026). Not stated on the face of the ruling (Notice of Motion dated 16th December, 2025 in a suit by Plaint dated 10th November, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4319/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.