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Kenya decisions
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Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)
The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.
Njora v Letshego Kenya Limited [2025] KEELRC 1899 (KLR)
The court found that the applicant established a prima facie case as her transfer from Legal Business Partner to Collections Officer, without evidence of requisite skills or consultation, raised serious questions under the Employment Act and the Constitution. The respondent failed to show the applicant was qualified for the new role or that the transfer was not a demotion. The court held that forcing the applicant into a role for which she is unqualified posed a real risk of irreparable harm, including potential poor performance and career damage, which could not be adequately compensated by…
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Mbaru & 204 others v Kenya Scouts Association [2025] KEELC 4572 (KLR)
The court found that the plaintiffs failed to establish a prima facie case with a probability of success, as the sale agreements relied upon did not relate to the plaintiffs or the suit property, and there was no evidence of legal or beneficial interest in the land. The mere fact of occupation, without more, does not amount to a prima facie case. The plaintiffs also failed to demonstrate that they would suffer irreparable loss if the injunction was not granted, as the only evidence presented was the eviction notice and sale agreements for small sums unrelated to the suit property. Since the p…
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Mbuthia & 2 others (Suing for and on behalf of Mpeketoni Jua Kali Savings and Credit Cooperative Society Limited) v Kilonzi & 5 others [2025] KEELC 4417 (KLR)
The court found that the plaintiffs had established a prima facie case by demonstrating that there exists a right apparently infringed by the defendants, warranting explanation or rebuttal at full hearing. The plaintiffs showed apprehension of irreparable injury through potential dispossession of their lawfully acquired land by the 6th defendant's construction activities. The court was satisfied that the requirements for a temporary injunction were met under the principles in Giella v Cassman Brown and Order 40 rule 1 of the Civil Procedure Rules. Consequently, the court allowed the applicati…
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Singh v Cisco Kenya Limited & another [2025] KEELC 4013 (KLR)
The court granted a temporary injunction preserving the disputed land pending trial, but declined declaratory and police-assistance relief at interlocutory stage.
JWK v MGM [2025] KEHC 6208 (KLR)
The court found that the applicant had established a prima facie case by demonstrating that she and the respondent cohabited as husband and wife and jointly acquired the disputed properties, which she claims as matrimonial property. The court held that the issue of contribution is prima facie and will be determined at the hearing of the appeal. The applicant demonstrated apprehension that the respondent may alienate or dispose of the properties, and the court was satisfied that she would suffer irreparable loss if the status quo was not maintained. The balance of convenience favored preservin…
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Nduati & 2 others v Chemutai & 3 others [2025] KEELC 3550 (KLR)
The court found that the Applicants had established a prima facie case as registered owners of the suit property, supported by current title documents. The risk of the property being transferred or sold by the Respondents constituted a real and substantial threat of irreparable harm that could not be adequately compensated by damages. The Respondents' claim to title, while asserted, was not supported by more current documentation than that of the Applicants. The court held that the balance of convenience favored the Applicants, as they were in occupation and would suffer greater harm if the i…
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Land and Housing Cooperative Society v Disow & another [2025] KEELC 3473 (KLR)
The Environment and Land Court dismissed a bid for temporary injunction over disputed land, finding the applicant had not met the injunction threshold.
Regeru v Vaghjiyani Enterprises Ltd & 6 others [2025] KEELC 3437 (KLR)
The court found that the applicant had established a prima facie case with a probability of success, as he was the registered proprietor of the suit property and had a subsisting judgment and decree in his favour restraining the 2nd and 3rd respondents from interfering with the property. The court noted that there was no evidence the decree had been set aside, and the application for review had been dismissed. The applicant demonstrated that the 3rd respondent had entered the land and commenced excavation, which, if allowed to continue, would cause irreparable loss not adequately compensable…
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Ndungu v Njoki & 4 others [2025] KEELC 3249 (KLR)
The court ordered the maintenance of the status quo pending the hearing and determination of the suit due to serious conflicting facts regarding the ownership and possession of the suit property, as guided by the principle that maintaining status quo is appropriate in cases with significant factual disputes.
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