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ELCOtherNot stated in judgment· [2026] KEELC 4885 (KLR)

Njoroge v Mbugua (Environment and Land Miscellaneous Case E016 of 2025) [2026] KEELC 4885 (KLR)

Environment and Land Court
29 July 2026
MKMugo Kamau
254 words in judgment
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The bottom line

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The court refused to lift a decades-old inhibition on Nyandarua land until the other side gets a chance to be heard.

What this practically means

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Executive summary

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The Applicant moved the court by Notice of Motion dated 13/2/2025 seeking unconditional lifting of an inhibition registered against parcel No. Nyandarua/Kitiri/564. The inhibition was registered on 8/1/1992 pursuant to Milimani High Court Civil Suit No. 3530 of 1992, which the Respondent filed against the Applicant; the suit was dismissed for want of prosecution on 20/6/2001 and was later transferred to the Nyahururu ELC Court, now the Nyandarua ELC Court. The Applicant complained that the inhibition, despite the dismissal, still encumbers the parcel and prevents him from enjoying his rights as owner. The court heard only the Applicant, who appeared in person; the Respondent was absent and had not yet been heard. Emphasising the Respondent's right to be heard, the court declined to determine the application on the merits. Instead, it directed that the Applicant constitute a skeleton file if the Nyahururu file was not available, and serve the Respondent for an early hearing of the application. The ruling was delivered at Nyandarua on 29th July, 2026 by Mugo Kamau J. No costs order was made and no authority was cited. The substantive question whether a stale inhibition surviving a dismissed suit should be lifted remains open for determination after service.

Key legal issues

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01

Whether an inhibition registered pursuant to a suit dismissed for want of prosecution should be lifted

Holding

The court declined to rule on the merits because the Respondent had not been served or heard; it gave procedural directions instead

Reasoning

The Applicant sought unconditional removal of an inhibition registered on 8/1/1992 pursuant to Milimani High Court Civil Suit No. 3530 of 1992, which was dismissed for want of prosecution on 20/6/2001. The court noted the Respondent had not been heard and, prioritising the right to a fair hearing, directed the Applicant to constitute a skeleton file if the Nyahururu file was unavailable and to serve the Respondent for an early hearing. No substantive determination was made.

p. 1

Legal principles established

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  • A party affected by an application is entitled to be heard before the court determines it (audi alteram partem)

Court orders

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  1. 1.The Applicant to constitute a skeleton file if the Nyahururu file is not available
  2. 2.The Applicant to serve the Respondent for an early hearing of his Application
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over the transferred Milimani High Court Civil Suit No. 3530 of 1992

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, "Njoroge v Mbugua (Environment and Land Miscellaneous Case E016 of 2025) [2026] KEELC 4885 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4885/eng@2026-07-29

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