Asin (Representing Residents of Pinebrook Premier Villas – Kajiado) v Cherd Africa Ltd & another (Environment and Planning Civil Case E001 of 2026) [2026] KEELC 4383 (KLR)
The bottom line
#Kajiado residents won protection from eviction and county enforcement notices, but the court refused to force their developer to install septic tanks before a full trial.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction given the mediation/arbitration clause in the sale agreements
The court has jurisdiction: the arbitration clause binds only the Plaintiff and 1st Defendant, and the suit is triggered by the 2nd Defendant's exercise of public power in issuing enforcement notices, over which the court retains jurisdiction. However, the exhaustion doctrine applies to the private dispute with the 1st Defendant.
Relying on Owners of Motor Vessel 'Lilian S', Section 6 of the Arbitration Act and the exhaustion doctrine in Muthinja, the court noted the mediation/arbitration clause in the sale agreements. But the 2nd Defendant was not a party to those agreements, and it is the County's enforcement notices that spurred the suit. The court therefore held itself properly seized of the matter as public power was in issue.
Locus standi of the Plaintiff
The Plaintiff had locus standi; the letter of authority signed by 21 residents sufficed, and even if 3 were disputed, 18 undisputed home owners' authority stood.
The 1st Defendant challenged the Plaintiff as an imposter, claiming 3 of the 21 authorising residents were not home owners. The court found the exhibited letter of authority signed by 21 residents sufficient, and that disputing 3 residents did not negate the authority of the remaining 18 whose ownership was not in contention.
Interlocutory relief against the 1st Defendant
The prayer for exhauster services was not merited (services already being provided with no imminent cessation) and the mandatory injunction for individual septic tanks was refused as triable issues abounded.
The court held that a mandatory injunction at the interlocutory stage requires the clearest of cases or special circumstances. Substantial disputes existed as to the terms of the agreement, technical feasibility of individual septic tanks, planning/environmental compliance, and remedial steps taken - all matters for the substantive trial.
Injunction against the 2nd Defendant
Granted - the County was restrained from issuing enforcement notices or evicting the Plaintiffs pending the hearing and determination of the suit.
The court reasoned that while the matter is in court, no action should be taken that would result in displacement of the residents while the issue of compliance is considered. This preserved the status quo pending substantive determination.
Legal principles established
#- A mandatory injunction at interlocutory stage is granted only in exceptional circumstances where the clearest of cases or special circumstances are established
- Where a dispute resolution mechanism exists outside courts it must be exhausted before the court's jurisdiction is invoked
- The court retains jurisdiction over the exercise of public power even where a private arbitration clause binds private parties
Court orders
#- 1.An injunction restraining the 2nd Defendant from issuing any enforcement notices and/or evicting the Plaintiffs pending the hearing and determination of the suit
- 2.Costs to abide the outcome of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; court retains jurisdiction over the exercise of public power by the 2nd Defendant notwithstanding the arbitration clause between the Plaintiff and 1st Defendant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Asin (Representing Residents of Pinebrook Premier Villas – Kajiado) v Cherd Africa Ltd & another (Environment and Planning Civil Case E001 of 2026) [2026] KEELC 4383 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4383/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.