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ELCPartially AllowedELC CASE NO. E015 OF 2025· [2026] KEELC 5162 (KLR)
Chilliwak Church of God & another v Mukembu & 4 others (Environment and Land Case E015 of 2025) [2026] KEELC 5162 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court froze the disputed properties, stopping any sale or transfer until the trust dispute is fully heard.
What this practically means
#Executive summary
#This is an interlocutory ruling of the Environment and Land Court in ELC Case No. E015 of 2025, delivered by L.T. Lewa, J on 31st July 2026. The applicant, Stanley Engelbrecht, moved the court by notice of motion dated 18th December 2025 seeking a conservatory order restraining the defendants from advertising for sale, alienating, transferring or otherwise dealing with the suit properties pending the hearing and determination of the main suit, with costs in the cause. The application was anchored on Articles 40, 50 and 159 of the Constitution, the Civil Procedure Act, the Land Registration Act and the Environment and Land Court Act. The applicant's case, as submitted through Mwaure & Mwaure Waihiga Advocates, was that a church registered in Canada, acting through a Kenyan company as its agent, entered an agreement dated 21st March 2018 under clause 15 of which properties were to be purchased and held in trust, that substantial monies were remitted between March 2018 and 2024, and that the defendants instead converted the money and registered the properties in their own names. The respondents countered that the properties are held in trust for the 2nd respondent, that disposal would require authority of other officials under the bylaws, that no sale was proved, and that the motor vehicle KAV 340U belongs to Hildah Rugendo. Framing the sole issue as whether the criteria for a conservatory order were met, the court applied Gatirau Peter Munya v Dickson Mwenda Kithinji. Finding no prejudice to the respondents and noting their admission that disposal was untenable, the court allowed prayers 3 and 7, granting a status quo/conservatory order preserving the suit properties pending the suit, with costs in the cause.
Key legal issues
#01
Whether the criteria for a conservatory order pending the hearing of the suit were met
Holding
The application met the criteria and a status quo/conservatory order was granted pending the hearing and determination of the suit
Reasoning
The court applied the Supreme Court's criteria in Gatirau Peter Munya, noting the applicants' apprehension that their proprietary interest would be prejudiced. The respondents admitted the properties could not be disposed of without the authority of other officials per the bylaws, and would suffer no prejudice if the orders issued. The existing agreement between the parties supported preservation of the subject matter.
p. 8
Legal principles established
#- Conservatory orders are granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values and proportionate magnitudes, unlike interlocutory injunctions
Court orders
#- 1.A conservatory order (status quo order) restraining the defendants/respondents, their servants, agents and employees from advertising for sale, alienating, transferring or otherwise dealing with or meddling with the subject properties pending the hearing and determination of the main suit
- 2.Costs of the application to be in the cause (prayer 7 allowed)
- Jurisdiction invoked
- Articles 40, 50 and 159 of the Constitution of Kenya, 2010; Sections 1A, 2B and 3A of the Civil Procedure Act; Sections 76 and 101 of the Land Registration Act; Sections 3 and 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chilliwak Church of God & another v Mukembu & 4 others (Environment and Land Case E015 of 2025) [2026] KEELC 5162 (KLR)", Case Analysis (2026). ELC CASE NO. E015 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5162/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.