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ELCPartially AllowedELC Order No. 47/2018 KRG (referenced prohibitory order); suit number not expressly stated in the judgment· [2026] KEELC 4873 (KLR)

Kamau & 4 others v Mutugi & another (Environment and Land Case 47 of 2018) [2026] KEELC 4873 (KLR)

Environment and Land Court
29 July 2026
761 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan land court removed a blocking order on two parcels so parties could execute their settlement, but refused to remove a separate restriction placed by an administrator, not a court.

What this practically means

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Executive summary

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The applicants moved the Environment and Land Court by an application dated 29th April 2026 seeking the vacation and lifting of a prohibition order registered on 2nd November 2018 against land parcels Kiine/Nyangio/504 and Kirinyaga/Marurumo/57, and the removal of a restriction registered against Kiine/Nyangio/504 on 18th September 2017, so as to enable them execute the consent decree issued on 16th August 2019. The application was supported by the affidavit of King'ara Mutugi Kamau and served on the respondents' advocates; no replies were filed, and at the hearing on 27th July 2026 counsel sought grant of the orders as prayed. The court, per S. M. Kibunja, ELC J, confirmed from the record that the dispute had been settled through a consent dated 1st July 2019, adopted on 2nd July 2019, with a decree issued on 16th August 2019. It agreed that the prohibition order of 2nd November 2018 should be vacated to enable implementation of the decree. However, as regards the 2017 restriction, the court found it was not founded on any court order but was registered through a letter from the DCC Kirinyaga West, before the suit was filed, and directed that the parties who procured it should initiate its removal with the Land Registrar. The prohibition order was vacated, the Land Registrar directed to lift it, and each party ordered to bear its own costs.

Key legal issues

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01

Vacating of a consent-based prohibitory order after a consent decree

Holding

The prohibition order of 2nd November 2018 was vacated so the parties could execute the consent decree

Reasoning

The dispute had been settled through a consent dated 1st July 2019, adopted on 2nd July 2019 with a decree issued on 16th August 2019. Since the application was aimed at facilitating execution of that decree, and no opposition was filed, the court found it necessary to vacate the prohibition order that would otherwise impede implementation of the decree.

p. 2
02

Court's power over a restriction registered administratively

Holding

The court could not vacate the 2017 restriction since it was not founded on any court order but on a letter from the DCC Kirinyaga West

Reasoning

A perusal of the record showed no restriction or prohibition order issued by the court could form the basis of the restriction registered on 18th September 2017, about a year before the suit was filed. The certificate of search showed the restriction was registered through a letter from the DCC Kirinyaga West, so the parties who moved the DCC must initiate its removal with the Land Registrar.

p. 2

Legal principles established

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  • Where parties have settled a land dispute by consent adopted as a court order and a decree has issued, the court will vacate ancillary prohibitory orders to enable the parties implement or execute the decree

Court orders

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  1. 1.The prohibition order issued on 2nd November 2018 in respect of Land Parcels Kirinyaga/Madurumo/57 and Kiine/Nyangio/504 is vacated
  2. 2.The Land Registrar, Kirinyaga County is directed to lift the prohibition registered against the registers of the two parcels upon receiving a certified copy of the order, to enable the parties implement or execute the decree issued on 16th August 2019
  3. 3.Each party to bear their own costs in the application
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land parcels Kiine/Nyangio/504 and Kirinyaga/Marurumo/57; inherent power to give effect to its decree

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamau & 4 others v Mutugi & another (Environment and Land Case 47 of 2018) [2026] KEELC 4873 (KLR)", Case Analysis (2026). ELC Order No. 47/2018 KRG (referenced prohibitory order); suit number not expressly stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4873/eng@2026-07-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.