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ELCDismissedApplication dated 14/4/2026 (arising from an Appeal concerning parcels NYANDARUA/NJABINI/9187, 9130 and others)· [2026] KEELC 4890 (KLR)

Gachenga & 6 others v Kimuhu & 7 others (Environment and Land Appeal E005 of 2025) [2026] KEELC 4890 (KLR)

Environment and Land Court
16 July 2026
MKMUGO KAMAU
589 words in judgment
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The bottom line

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Once a Kenyan court delivers final judgment, it cannot issue new orders in the same case, so the parties were told to hire a surveyor themselves.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nyandarua dated 16 July 2026, delivered by Mugo Kamau J, on a Notice of Application dated 14 April 2026 by the Applicants. The Applicants sought interim injunctions restraining the Respondents from entering twenty-two parcels in Nyandarua/Njabini without a survey indicating beacons, from destroying crops on those parcels, and asked the Court to visit the site to confirm whether beacons exist. The application, supported by the affidavit of Naomi Wangui Kimuhu, alleged that despite a prior court direction for counsel and parties to visit the ground, the Respondents invaded the Applicants' homestead, destroyed crops, fences and a gate, closed down a house, and caused the arrest of the 3rd Applicant; it was also lamented that a surveyor had never placed beacons on the ground as indicated in Nakuru High Court Case No. 232 of 2012 (OS). The 1st Respondent, Michael Kariuki Gachenga, replying on behalf of all Respondents, asserted that the land belongs to them as registered owners and that beacons exist on it. In a Further Affidavit, the 1st Applicant denied leasing out the land. Considering counsel's submissions, the Court held that it was functus officio, having already delivered its Judgment and Decree on 13 November 2025. It declined to grant the injunctions or order a site visit, and instead advised the parties to jointly engage a surveyor to show them the beacons on the ground. The Court confirmed that the Judgment and Decree of 13/11/2025 remains in force unless set aside by a more superior Court. No costs order was made. The disposition is therefore a refusal of the interlocutory relief sought, with purely advisory guidance to the parties.

Key legal issues

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Whether the Court could grant injunctions and site-visit directions in a matter in which it had already delivered final judgment

Holding

The Court declined the application, holding itself functus officio since judgment and decree had been rendered on 13/11/2025

Reasoning

The Applicants sought interlocutory injunctions and a court-ordered site visit, relying on an earlier direction that a surveyor visit the ground. The Respondents countered that they are registered owners and beacons exist. The Court reviewed submissions and concluded that having rendered its Judgment and Decree on 13/11/2025 it had no residual competence to issue the directions sought; its final orders were advisory only, leaving the decree intact subject to challenge in a superior Court.

p. 3

Legal principles established

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  • A court that has delivered final judgment and decree becomes functus officio and cannot issue further interlocutory directions in the matter
  • A judgment and decree remains operative unless set aside by a more superior Court

Court orders

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  1. 1.Advice that the parties on their own engage a surveyor to come and show them the beacons on the ground
  2. 2.Confirmation that the Judgment and Decree of 13/11/2025 still stands unless otherwise set aside by a more superior Court
On appeal from
Nakuru High Court
No. 232 of 2012 (OS)
Jurisdiction invoked
Original/appellate jurisdiction of the Environment and Land Court over land parcels NYANDARUA/NJABINI; no specific constitutional or statutory provision invoked

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, "Gachenga & 6 others v Kimuhu & 7 others (Environment and Land Appeal E005 of 2025) [2026] KEELC 4890 (KLR)", Case Analysis (2026). Application dated 14/4/2026 (arising from an Appeal concerning parcels NYANDARUA/NJABINI/9187, 9130 and others). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4890/eng@2026-07-16

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