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ELCAllowedELC Case No. E297 of 2026· [2026] KEELC 6222 (KLR)

George Otieno Apiyo v County Government of Nairobi City & 2 Others

Environment and Land Court
7 October 2026
2,390 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Nairobi court has frozen all dealings with two Kariokor properties after a son claimed they belonged to his late parents, protecting them until the ownership dispute is fully heard.

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 Nairobi (Milimani) on the plaintiff's Notice of Motion dated 9.7.2026, which was unopposed despite service. The plaintiff, George Otieno Apiyo, administrator of the estates of his deceased parents - registered proprietors of Kariokor House No. 176 and Kariokor Market Shop No. 168 - sought temporary and final injunctions and an order of inhibition, alleging that the 2nd and 3rd respondents fraudulently altered the County's payment registration system, caused the 3rd respondent to be registered for rates payments, paid rent without consent, and threatened family members. The court, applying the Giella v Cassman Brown principles, found a prima facie case established through rent cards, payment records, invoices and correspondence showing a longstanding relationship with the properties, while stressing that ownership through parental assignment must await trial. It found a likelihood of irreparable harm because the suit properties are specific immovable properties directly in dispute, and held the balance of convenience favoured preservation. Relying on Section 68(1) of the Land Registration Act, the court also granted an inhibition. The Notice of Motion was allowed: a temporary injunction restraining sale, transfer, charging or alienation of the two properties pending determination of the suit, an inhibition against registration of any disposition, and maintenance of status quo - the injunction and inhibition expressly not preventing compliance with lawful rent, rates and statutory payment obligations. No costs order was made in the disposition.

Key legal issues

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01

Prima facie case

Holding

Established on the strength of rent cards, proof of payments, invoices and correspondence showing a longstanding relationship with the suit properties; ownership claims need not be conclusively proved at this stage.

Reasoning

The court found the documentary evidence demonstrated a historical connection between the deceased parents and the suit properties and due payment of obligations. It held that a prima facie case requires only an arguable right threatened with infringement, not conclusive proof of ownership or inheritance, which must await trial.

p. 11
02

Irreparable harm

Holding

Likelihood of irreparable harm established because the suit properties are specific immovable properties directly in dispute and dealings could prejudice the effectiveness of final relief.

Reasoning

The court reasoned that any dealings or alterations to the register before determination could complicate the dispute and prejudice the relief ultimately granted. The dispute over who is recognised for rent and rates payments showed the parties are actively fighting over ownership, warranting preservation of the subject matter.

p. 11
03

Balance of convenience and inhibition

Holding

Balance of convenience favours preservation; an inhibition under Section 68(1) of the Land Registration Act is appropriate to maintain the registration status quo, but shall not block lawful payment obligations.

Reasoning

The court held an inhibition is a preservatory order preventing dealings pending determination, particularly appropriate where competing rights cannot be conclusively determined interlocutorily. It qualified the order so parties may still pay rent, rates and statutory charges.

p. 14

Legal principles established

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  • An interlocutory injunction preserves the existing position so that the court's eventual determination is not rendered nugatory.
  • Establishing a prima facie case does not require conclusive proof of the claim at the interlocutory stage.

Court orders

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  1. 1.Temporary injunction restraining the Respondents, their servants, agents, assignees or any persons acting through them from selling, transferring, disposing of, charging or otherwise alienating or dealing with Kariokor House No. 176 and Kariokor Market Shop No. 168 pending the hearing and determination of the suit
  2. 2.Inhibition pursuant to Section 68 of the Land Registration Act inhibiting registration of any transfer, charge, lease, assignment or other disposition affecting Kariokor House No. 176 and Kariokor Market Shop No. 168 pending the hearing and determination of the suit or further orders of the court
  3. 3.That status quo be maintained
Jurisdiction invoked
Order 40 Rule 1 of the Civil Procedure Rules, 2010 and Section 63E of the Civil Procedure Act; Section 68(1) of the Land Registration Act

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, "George Otieno Apiyo v County Government of Nairobi City & 2 Others", Case Analysis (2026). ELC Case No. E297 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6222/eng@2026-10-07

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