[2025] KEELC 2992 (KLR)
The court found that the applicants had established a prima facie case for the grant of interim orders. The respondent's failure to respond, despite evidence of service, left the applicants' assertions unchallenged. The court was satisfied that the applicants and their members would suffer prejudice if the circular...
Source-derived case information.
- Citation
- [2025] KEELC 2992 (KLR)
- Parties
- Applicant: Daniel Kiprono Biwott & another; Respondent: Managing Director, East African Tea Trade Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E007 of 2025
- Procedural Posture
- Environment and Land Miscellaneous Application / Ruling on Interlocutory Application for Stay and Restraining Orders
- Outcome
- Application allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Stay of Implementation, Land Use Disputes, Agricultural Commercialization
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kiprono Biwott & another
Applicant
Managing Director, East African Tea Trade Association
Respondent
Procedural Posture
Environment and Land Miscellaneous Application / Ruling on Interlocutory Application for Stay and Restraining Orders
Legal Issues
- 1 Whether the applicants are entitled to a stay of implementation of the circular dated 31st December 2024 pending determination of ELCLC E006 of 2023.
- 2 Whether a restraining order should issue preventing the respondent from issuing further circulars restricting hawking and purchase of green leaf from Sitoi Tea Estate.
Ratio Decidendi
The court found that the applicants had established a prima facie case for the grant of interim orders. The respondent's failure to respond, despite evidence of service, left the applicants' assertions unchallenged. The court was satisfied that the applicants and their members would suffer prejudice if the circular was implemented before the determination of the related suit. Accordingly, the court granted a stay of the implementation of the circular dated 31st December 2024 and issued a restraining order preventing the respondent from issuing further circulars restricting hawking and purchase of green leaf from Sitoi Tea Estate, pending the hearing and determination of ELCLC E006 of...
Court Disposition
Application allowed.
Orders
- Stay of implementation of the circular dated 31st December 2024 pending hearing and determination of ELCLC E006 of 2023.
- Restraining order preventing the respondent from issuing further circulars restricting hawking and purchase of green leaf from Sitoi Tea Estate pending hearing and determination of ELCLC E006 of 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Biwott & another v Managing Director, East African Tea Trade Association (Environment & Land Miscellaneous Case E007 of 2025) [2025] KEELC 2992 (KLR) (10 March 2025) (Ruling)
Neutral citation: [2025] KEELC 2992 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Miscellaneous Case E007 of 2025
GMA Ongondo, J
March 10, 2025
Between
Daniel Kiprono Biwott & another & another
Plaintiff
and
Managing Director, East African Tea Trade Association
Defendant
Ruling
1. In an application by way of an application dated 3rd February 2025 through Korir, Jepleting and Company Advocates, the applicants are seeking the orders infra;a.An order do issue for stay of the implementation of the circular dated 31st December 2024 pending hearing and determination of the ELCLC E006 of 2023; Eastern Produce Kenya Ltd-vs-Kimaasas Farmers’ Cooperative Society and others.b.A restraining order do issue preventing the respondents from further issues circulars preventing hawking and purchase of green leaf from Sitoi Tea Estate, pending and hearing and determination of ELCLC E006 of 2023. c.Costs of the application.
2. The application is premised upon the grounds on the face of the same and the affidavit of the 1st applicant. Briefly, the applicants’ lamentation is that by the directions of the respondents contained in the notice has greatly prejudiced the members of the 2nd applicant who largely depend on Tea bushes farming and selling of green leaf for livelihoods.
3. By the affidavits service sworn on 18th February 2025 and 5th March 2025 by Korir Abdullatif learned counsel for the applicants, the respondents were duly made aware of the existence of the application; see also Ogada-vs-Mollin (2009) eKLR.
4. Besides, there was no response to the application.
5. In the foregone, the application is firm, cogent and meritorious
6. Accordingly, the application is hereby allowed in terms of orders 1 (c ) and (d) sought in the application as set out in paragraph 1 (a) and (b) hereinabove with costs in the cause.
7. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 10TH DAY OF MARCH 2025G M A ONGONDOJUDGEPresentMr A. Korir learned counsel for the applicantsWalter, court assistant