Wanjiru (Suing on Behalf of the Estate of Noah Karuga Koinage) v Kariuki (Executor of the Estate of Wilfred Koinange Gathiomi) & another (Environment and Land Petition E021 of 2025) [2026] KEELC 4641 (KLR)
The bottom line
#A Kenyan land court refused to freeze family property dealings because a Court of Appeal settlement had already divided the land.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
No prima facie case was established; the properties had been distributed under a consent judgment adopted by the Court of Appeal, which this court cannot reopen
Applying Giella v Cassman Brown and Nguruman Limited, the court found that the elders' award and judgment stood during the lifetime of the Petitioner's father, who never contested them. The subsequent mediation settlement agreement of 23.4.26, adopted by the Court of Appeal on 7th May 2026, distributed the suit properties. The court held the matter had been overtaken by events and the applicant failed to show an apparent infringement of a right with probability of success.
Whether remaining Giella/Nguruman conditions needed consideration
Having found no prima facie case, the court did not consider irreparable injury or balance of convenience
The court applied the sequential approach in Nguruman Limited, where the three conditions are separate, distinct and logical hurdles to be surmounted in order. Failure at the first hurdle (prima facie case) meant the second and third conditions (irreparable injury and balance of convenience) did not fall for determination.
Delay and conduct of the parties
The Petitioner's belated challenge to a 1992 elders' award, after her father never contested it in his lifetime, weighed against the grant of relief
The court noted the litigation spanned four decades; the elders' award and subsequent judgment were passed during the lifetime of the Petitioner's father, who died without challenging them. The 1st Respondent argued the suit was brought in bad faith to appeal the award through the back door, and the succession cause and appeal (resolved via mediation) had already distributed the estate properties.
Legal principles established
#- The applicant for an interlocutory injunction must establish a prima facie case, demonstrate irreparable injury, and show the balance of convenience is in her favour, applying each test sequentially
- A prima facie case is more than an arguable case; the evidence must show an infringement of a right and a probability of success at trial
- A court cannot reopen a matter whose distribution of suit properties has been concluded by a consent/mediation settlement agreement adopted as an order of the Court of Appeal
Court orders
#- 1.The Notice of Motion dated 27th October 2025 seeking an interlocutory injunction and inhibition was dismissed
- 2.The costs of the application were made costs in the cause
- Jurisdiction invoked
- Constitution of Kenya, 2010 (petition alleging violations of Articles 10, 40, 47, 48, 50 and 159); Environment and Land Court jurisdiction over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjiru (Suing on Behalf of the Estate of Noah Karuga Koinage) v Kariuki (Executor of the Estate of Wilfred Koinange Gathiomi) & another (Environment and Land Petition E021 of 2025) [2026] KEELC 4641 (KLR)", Case Analysis (2026). Petition (unspecified number, Environment and Land Court, Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4641/eng@2026-07-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.