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ELCDismissedEnvironment and Land Case E078 of 2026· [2026] KEELC 5868 (KLR)

Osman & another v Kenya Railways Corporation & 6 others

Environment and Land Court
28 September 2026
COChristine Ochieng
2,963 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court refused to stop Kenya Railways from evicting two Kileleshwa tenants because their lease allowed termination on three months' notice.

What this practically means

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Executive summary

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The plaintiffs, tenants of Kileleshwa House No. K16 under a six-year lease dated 27th October 2021 with Kenya Railways Corporation, moved the court by Notice of Motion dated 4th May 2026 seeking interlocutory injunctions restraining the corporation from evicting them or implementing a fresh Notice to Terminate Tenancy dated 16th April 2026 requiring vacant possession by 15th July 2026. They relied on prior litigation in which a magistrate's court, on 4th December 2025, found the lease had been unlawfully terminated and issued injunctive relief, later upheld on appeal. The 1st and 2nd Defendants opposed, arguing res judicata, that the fresh notice was validly issued under Section 57(d) of the Land Act and the lease, that the plaintiffs were in rent arrears and came with unclean hands, and that the plaint contained no substantive prayer for injunction. The court framed a single issue: whether the plaintiffs met the Giella v Cassman Brown threshold. Applying the Mrao definition of a prima facie case, the court found the lease permitted either party to issue three months' notice and contained no estoppel against issuing notice during pending litigation; it found no illegality in the notice and observed the plaint contained no injunctive prayer. Relying on Nguruman, the court declined to consider the remaining Giella limbs and dismissed the application, with costs in the cause.

Key legal issues

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01

Whether the plaintiffs established a prima facie case for an interlocutory injunction

Holding

No prima facie case established; the notice to terminate was lawful and in line with the lease

Reasoning

The lease required three months' notice and permitted termination on rent default. Nothing in the lease estopped the landlord from issuing a fresh notice during pending litigation. The court found no illegality in the notice dated 16th April 2026 and held the damages prayers could proceed regardless of eviction.

p. 5
02

Whether the application for temporary injunction must be anchored in a substantive prayer in the plaint

Holding

The plaint contained no prayer for injunctive orders, undermining the application

Reasoning

The court perused the plaint and observed there was no prayer seeking injunctive orders, supporting the defendants' submission that a temporary injunction application must generally be anchored in a substantive prayer in the main suit. This contributed to the finding that the plaintiffs failed the threshold.

p. 5
03

Whether the application was res judicata

Holding

The court did not make a definitive finding on res judicata, deciding the application on the injunction threshold

Reasoning

Defendants argued the suit relitigated matters determined in MCELC No. E407 of 2022; plaintiffs countered that the fresh notice of 16th April 2026 was never adjudicated. The court resolved the motion on the Giella threshold without expressly determining the res judicata objection.

p. 4

Legal principles established

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  • Where a party fails to establish a prima facie case, the court need not determine the other two Giella limbs
  • Injunctive remedies are equitable; courts cannot alter the terms of a contract between parties, and a party seeking injunction must come to court with clean hands

Court orders

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  1. 1.The Notice of Motion application dated 4th May 2026 is dismissed
  2. 2.Costs will be in the cause
Jurisdiction invoked
Environment and Land Court Act, Article 162(2) of the Constitution (original jurisdiction over leases/land); not expressly stated in the ruling

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, "Osman & another v Kenya Railways Corporation & 6 others", Case Analysis (2026). Environment and Land Case E078 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5868/eng@2026-09-28

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