Limo & another v Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisirei - Deceased) (Environment & Land Case E004 of 2023) [2025] KEELC 3661 (KLR)
The bottom line
#Once a Kenyan court delivers final judgment, it cannot grant new orders like injunctions—any protection pending appeal must be sought directly from the Court of Appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant established his claim to warrant the grant of an injunction order?
- 2.Just orders to issue herein
Key legal issues
#Whether the court had jurisdiction to grant an injunction pending appeal after delivering final judgment
The court had become functus officio upon delivery of judgment on 3rd October 2024 and lacked jurisdiction to grant any further orders; the proper forum is the Court of Appeal where the prospective appeal is pending
Relying on Jersey Evening Post v Thani as cited in Raila Odinga v IEBC, and Telkom Kenya v John Ochanda, the court held that once proceedings are finally concluded and judgment perfected, the court cannot review or alter its decision. The applicant's remedy was to seek the injunction from the Court of Appeal. Consequently, the application lacked merit and was struck out with no orders as to costs.
Whether the applicant met the threshold for an interlocutory injunction
The court did not reach the merits of the Giella v Cassman Brown triple test because it found the application incompetent for want of jurisdiction
The court acknowledged the injunction principles in Giella and Nguruman, and that an injunction is an equitable and discretionary remedy, but decided the matter on jurisdiction (functus officio) rather than on the merits of the applicant's prima facie case, irreparable injury or balance of convenience.
Legal principles established
#- A trial court that has rendered final judgment becomes functus officio and lacks jurisdiction to grant further orders, including injunctions; challenges must be taken to the higher court.
- Lack of jurisdiction renders a court's decision void, not merely voidable.
Court orders
#- 1.The Notice of Motion dated 30th January 2025 is struck out with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original and continuing jurisdiction of the Environment and Land Court; issue of functus officio arising after delivery of judgment and issuance of decree
Relief refused
#Order of injunction restraining the respondents from entering the suit land pending hearing and disposal of Eldoret Court of Appeal Civil Application E006 of 2025
The court became functus officio upon delivering judgment on 3rd October 2024 and therefore lacked jurisdiction to grant further orders; the proper forum for injunction is the Court of Appeal
Costs
No orders as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
To that end, it is my considered view that the instant application originated by way of a Notice of Motion dated 30th January 2025 and lodged herein on 31st January 2025 is devoid of merit. The same is hereby struck out with no orders as to costs.
I am therefore, persuaded by the submissions of counsel for the respondents that this court is functus oficio, having rendered its judgment in this matter on 3rd October 2024.
In the circumstances, this court lacks jurisdiction to grant any further orders herein. Therefore, it is my considered view that the proper forum to seek injunction orders is the Court of Appeal in Eldoret, where a prospective appeal has been preferred.
It is established that all the above three conditions and states are to be applied as separate distinct and logical hurdles which the applicant is expected to surmount sequentially
Issues in the judgment
#The judgment is internally inconsistent as to the date of the decree: the applicant says a decree was issued on 3rd October 2024 (the judgment date) while elsewhere the decree is dated 18th November 2024.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Limo & another v Kipkemboi (Suing as the Administrator of the Estate of Kibet Arap Ngisirei - Deceased) (Environment & Land Case E004 of 2023) [2025] KEELC 3661 (KLR)", Case Analysis (2025). Notice of Motion dated 30th January 2025 (Eldoret ELC suit; decree of 18th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3661/eng@2025-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.