Orwa Group Ranch (Suing through its Trustees, Officials/Representatives) v Merii & 15 others (Environment and Land Case E013 of 2026) [2026] KEELC 3330 (KLR)

NATIONAL LAND COMMISSION ............................................ 16TH DEFENDANT RULING 1. The court, by an application dated 16/2/2026, is asked to issue a temporary injunction barring and restraining the defendants from advertising, ofiering for sale, alienating, disposing of, transferring, leasing, subdividing, mining, or in any way whatsoever interfering with Land Title Nos. West Pokot/ Orwa Group Ranch/1, 2, and 3, and an inhibition order to issue against the title registers, pending hearing and determination of this suit. 2. The grounds are set out on the face of the application and in the supporting afidavits sworn by Stephen T. Lopus, Joakim K. Alemusia, and Jackson L. Ongrupes on 16/2/2026, who are the Chairpersons of the members of the Group Ranch as per the authority attached as annexure STL-1(a). 3. It is deposed that the Group Ranch has 280 members, as per the adjudication record attached as STL-1(b), holds a mother title, a certificate of incorporation attached as annexure STL-2(a)-(c), and (3), and correspondences annexed as STL-(4) - (13). 4. The applicant deposes that the defendants have, without lawful authority, consent, or mandate of the members, altered the group register, changed its trusteeship, subdivided and transferred the land, and in the process excluded lawful group ranch members from running of its afiairs contrary to Article 40 of the Constitution; hence pray for temporary injunction and inhibition orders to issue. 5. Though the defendants were served with the summons to enter appearance and the current application, only the 1st - 15th defendants filed a memorandum of appearance. 6. A party seeking temporary orders of injunction has to meet the conditions set out in Giella v Cassman Brown & Co. Ltd [1973] EA 358. A prima facie case is established where, on the material before the court, it is established that a right or interest has been infringed or breached to call for rebuttal from the opposite side. See Mrao Ltd -vs- First American Bank of (K) Ltd [2003] eKLR. 7. Irreparable loss or damage refers to one that cannot be quantified in monetary terms or compensated by way of damages as defined in Nguruman Ltd -vs- Jan Bonde Neilsen & Others [2014] eKLR. It must be real, apparent, and imminent. Mere fear, speculation, or apprehension is not enough. 8. Balance of convenience refers to the party that shall sufier more in the absence of an injunction, should the suit ultimately succeed or not succeed, while the injunction is in place, as held in Pius Kipchirchir Kogo -vs- Frank Kimeli Tenai [2018] eKLR. 9. The three elements must be established logically, distinctly, and sequentially. 10. The court, in determining whether or not to grant an injunction at the interlocutory stage, is not expected to conduct a mini-trial or make a definitive finding on both facts and the law, but to weigh the competing afidavits, to see if the applicant has established an arguable case. An applicant need not prove title to the land. 11. Applying the foregoing case law to the instant suit, the land parcels in issue were previously governed by the Land (Group Representatives) Act (LGRA) 1968, now repealed by the Community Land Act 2016. From 2016, the transition of the Group Ranches, which had not been dissolved, had to comply with Sections 7 - 15 of the Community Land Act. Governance of the same had to comply with the Community Land Act. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3330/eng@2026-06-03 2

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12. In Kanyarkwat Group Ranch & Others -vs- Joseph & Others ELC No. 38 [E034 of 2021] and No. 20 of 2017 (Consolidated) [2025] KEELC 129 [KLR], the court said that the repealed LGRA Cap 287 allowed for land to be legally issued to the groups. The court cited James Mbugua Getao -vs- Simon Paroiyet Mokare Petition No. 9 of 2020, the court said that title to land under a group ranch is issued and held by elected representatives on behalf of the group, in equal, but indivisible shares, until such time that each share is determined, as a common ownership as opposed to joint tenancy. 13. Flowing from the foregoing think the plaintifi has an arguable case; there is a danger if the land parcels are dwelt in otherwise, other than in compliance with the law on transition and through a Community Land Management Committee. 14. Consequently, the court issues, 15. a. A temporary order of injunction is hereby issued barring and restraining the respondents from advertising, ofiering for sale, alienating, disposing of, transferring, leasing, subdividing, mining, or in any way whatsoever interfering with Land Title Nos. West Pokot/Orwa Group Ranch/1, 2, and 3. b. An inhibition order is hereby issued against the title registers to Land Title Nos. West Pokot/ Orwa Group Ranch/1, 2, and 3. c. The orders in (a) and (b) above shall last for one (1) year, from the date hereof. d. Costs in the cause. Orders accordingly. RULING DATED, SIGNED, VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 3RD DAY OF JUNE 2026. HON. C.K. NZILI JUDGE, ELC KITALE. RULING DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 3RD DAY OF JUNE 2026. In the presence of: Court Assistant - Matui Mr. Kiarie for the 1st - 10th defendants No appearance for the plaintifis No appearance for the 11th - 16th defendants HON. G.M. GITONGA JUDGE, ELC KITALE. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3330/eng@2026-06-03 3

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