Ethics & Anti-Corruption Commission v Kimalat & 3 others (Environment and Land Case E058 of 2025) [2025] KEELC 18345 (KLR) (16 December 2025) (Ruling)

Ethics & Anti-Corruption Commission v Kimalat & 3 others (Environment and Land Case E058 of 2025) [2025] KEELC 18345 (KLR) (16 December 2025) (Ruling)

The application for injunction was overtaken by events due to the prior inhibition order and the absence of evidence of imminent threat to occupation. The court ordered maintenance of the status quo regarding occupation of government houses and retention of the inhibition on the land register, pending the hearing and determination of the main suit.

Citation
[2025] KEELC 18345 (KLR)
Parties
Plaintiff: Ethics & Anti-Corruption Commission; 1st Defendant: Wilfred Kitur Kiptum Kimalat; 2nd Defendant: Nicholas Gituhu Karira; 3rd Defendant: Endo Holdings Limited; 4th Defendant: Wilson Gachanja
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Environment and Land Case E058 of 2025
Procedural Posture
Notice of Motion (interlocutory Application) in Environment and Land Case / Ruling on Interlocutory Application for Injunction
Outcome
Application overtaken by events; status quo and inhibition orders maintained; each party to bear own costs.
Legal Topics
Injunctions, Status Quo Orders, Public Interest Litigation, Land Ownership Disputes
Source Language
English
Land Law Public Property Civil Procedure Injunctions Status Quo Orders Public Interest Litigation Land Ownership Disputes

Case Brief

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Parties

Ethics & Anti-Corruption Commission

Plaintiff

Wilfred Kitur Kiptum Kimalat

1st Defendant

Nicholas Gituhu Karira

2nd Defendant

Endo Holdings Limited

3rd Defendant

Wilson Gachanja

4th Defendant

Procedural Posture

Notice of Motion (interlocutory Application) in Environment and Land Case / Ruling on Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction against the respondents
  2. 2 Whether the application is merited
  3. 3 Who bears the costs of the application

Ratio Decidendi

The application for injunction was overtaken by events due to the prior inhibition order and the absence of evidence of imminent threat to occupation. The court ordered maintenance of the status quo regarding occupation of government houses and retention of the inhibition on the land register, pending the hearing and determination of the main suit.

Court Disposition

Application overtaken by events; status quo and inhibition orders maintained; each party to bear own costs.

Orders

  • Notice of motion dated 02.07.2025 is overtaken by events.
  • Land Registrar, Uasin Gishu, to retain inhibition issued on 23.07.2025 on the register of Eldoret Municipality Block 7/210 & 7/248 pending hearing and determination of the suit.