Nyokabi v Kali (Environment & Land Case E252 of 2024) [2025] KEELC 719 (KLR)
The bottom line
#A Kajiado court ordered a property owner to remove posts and materials blocking a neighbour's access road, ruling the road reserve must stay open.
What this practically means
#Executive summary
#Key legal issues
#Whether a temporary mandatory injunction should issue to restore the Defendant's access
Yes - the case qualified for a temporary mandatory injunction because the Plaintiff had blocked the road reserve, the Defendant had a prima facie case and faced irreparable injury, and the act required (removal of bollards, curb-stones and materials) was simple and summary
The court relied on the Nairobi City County Surveyor's report, which found both parties had built to their beacons but the Plaintiff had erected bollards and chain-link on the road reserve without approvals, blocking vehicular access to the Defendant's parcel. Applying the interlocutory injunction principles, the court found the Defendant would suffer irreparable injury from denial of access and had a clear and unmistakable right. Invoking Locabail and Kenya Breweries, the court held the case met the special-circumstances threshold for a mandatory injunction.
Legal principles established
#- A mandatory interlocutory injunction is granted only in rare cases with compelling circumstances, immediate and pressing injury, and where the court feels a high degree of assurance it would be upheld at trial
Court orders
#- 1.Pending the hearing and determination of the suit, an order of interlocutory injunction restraining the Plaintiff from erecting any further structures, heaping construction materials on the common road frontage/reserve or in any manner interfering with the common road frontage of land parcel No. Nrb/Block 82/6171
- 2.Pending the hearing and determination of the suit, the Plaintiff ordered to remove metallic posts and curb-stones erected on the common road frontage/reserve and the heaps of construction materials placed in front of land parcel no. Nrb/Block 82/6171
- 3.The Defendant to have the costs of both applications
- 4.The Plaintiff's application dated June 20, 2024 dismissed
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a land/access dispute; no specific provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyokabi v Kali (Environment & Land Case E252 of 2024) [2025] KEELC 719 (KLR)", Case Analysis (2025). Not stated in judgment (ruling in respect of applications dated 20th June 2024 and 22nd July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/719/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.