Ndungi (Suing as the representative of the Estate of Samuel Gichuru) v Kimondo & 31 others (Environment and Land Case E457 of 2024) [2026] KEELC 4811 (KLR)
The bottom line
#A Kenyan court ruled a landlord cannot evict tenants through an urgent application before the full case is heard, because the tenants were paying rent with valid tenancies.
What this practically means
#Executive summary
#Key legal issues
#Whether eviction orders can issue at the interlocutory stage
No - eviction is substantive relief reserved for the main suit
The Court found that eviction orders have far-reaching implications and entail forceful removal from land, requiring a full hearing on the merits where all affected parties are heard. The application substantially reproduced the reliefs sought in the Plaint, confirming that the relief sought was final in character and premature at an interlocutory stage.
Whether the Applicant satisfied the Giella v Cassman Brown principles for an interlocutory injunction
No - no prima facie case, no irreparable harm, and balance of convenience favours the status quo
The Respondents demonstrated on a prima facie basis that they were lawful tenants whose occupation predated the partition, and the Applicant accepted rent from them. The alleged loss was rental income, quantifiable in damages. Granting the injunction would have effectively evicted the Respondents and determined the suit at an interlocutory stage.
Whether general damages for trespass can be assessed at the interlocutory stage
No - liability for trespass is contested and must await trial
While trespass is actionable per se, the Court must first be satisfied that the occupation is unlawful. The Respondents assert a lawful tenancy and the Applicant continued to accept rent, acknowledging a landlord-tenant relationship. Liability itself is disputed and cannot be conclusively determined at the interlocutory stage.
Legal principles established
#- A party cannot be a trespasser where occupation originates from a tenancy or lawful authority unless that right has been lawfully terminated
- Eviction orders are substantive relief that cannot be granted at the interlocutory stage
Court orders
#- 1.The Application of 15th November, 2024 be and is hereby dismissed.
- 2.Costs of the Application shall be paid by the Applicant to the 4th and 10th Respondents.
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act (Cap 21), Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Section 152(E) & (G) of the Land Laws (Amendment) Act No. 28 of 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndungi (Suing as the representative of the Estate of Samuel Gichuru) v Kimondo & 31 others (Environment and Land Case E457 of 2024) [2026] KEELC 4811 (KLR)", Case Analysis (2026). Application dated 15th November 2024 (suit in respect of L.R No. 209/2412; part of ELC proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4811/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.