Gichuhi v Magotsi & another (Environment and Land Appeal E039 of 2026) [2026] KEELC 4868 (KLR)
The bottom line
#The Kajiado Environment and Land Court dismissed an unopposed injunction application because the applicant failed to prove her appeal was worth preserving.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant was entitled to a mandatory injunction pending appeal
The application was not merited and was dismissed with no orders as to costs.
The court adopted the principles in Patricia Njeri & 3 Others v National Museum of Kenya and Trust Bank Limited & Another v Investech Bank Limited: an injunction pending appeal is discretionary and requires the applicant to show the appeal is arguable and that refusal would render it nugatory. The Applicant failed to attach the ruling dismissing the suit, gave no explanation for her dissatisfaction with the magistrate's proceedings, and merely asserted that a Survey Report would have changed the outcome without elaboration. The burden under Sections 107 and 108 of the Evidence Act was not discharged despite the application being unopposed.
Legal principles established
#- An order for injunction pending appeal is discretionary and must be exercised judicially; the applicant must show the appeal is arguable and that refusal would render it nugatory.
- Even where an application is unchallenged and uncontroverted, the applicant must still discharge the burden of proof.
Court orders
#- 1.The application dated 19th May 2026 is dismissed with no orders as to costs as it was undefended
- 2.The appeal should be expeditiously set down for hearing
- On appeal from
- Chief Magistrate's Court, Ngong
- not stated (suit previously Kajiado ELC 490 of 2017, transferred to Ngong Law Courts)
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act No. 19 of 2011 and Order 42 Rule 6(6) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gichuhi v Magotsi & another (Environment and Land Appeal E039 of 2026) [2026] KEELC 4868 (KLR)", Case Analysis (2026). ELCLA NO. E039 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4868/eng@2026-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.