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ELCDismissedNot stated in the judgment

Malel v Chepkirong (Environment and Land Case E013 of 2023) [2025] KEELC 6755 (KLR)

Environment and Land Court
6 October 2025
530 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to divert rent from a disputed property, ruling existing status quo orders already protected it and fast-tracking the trial was the better fix.

What this practically means

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Executive summary

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In an oral application before the Environment and Land Court at Kapsabet, the plaintiff, Joel Kipkosgei Malel, sought orders that the monthly rent of Kshs. 72,000/= collected from the suit premises, LR No. Kapsabet Township/69, be deposited into a joint interest-earning account of counsel for both parties pending the hearing and determination of the suit. Counsel argued the orders were for preservation of rent and prejudiced no party. The defendant, Emily Chepkirong, opposed, contending that the issue was already dealt with by status quo orders issued on 27th September 2023 in an application dated 25th August 2023, that the rent is her only livelihood, and that the suit should instead be fast-tracked. The court, invoking the doctrine of lis pendens as articulated in the Ngeny and Ogada authorities, noted that the orders of 27th September 2023 (Mwanyale J) already maintain the defendant in possession of the premises until determination of the suit, and that such interim preservation orders, inclusive of rent generated therefrom, are within the court's mandate under Sections 3 and 13(7) of the Environment and Land Court Act, 2015. Noting that the plaintiff's case is at an advanced stage, the court directed that further hearing proceed on a priority basis in line with Article 159(2)(b) of the Constitution. The application was found to be without merit and disallowed, with the status quo orders remaining in force.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiff is deserving of the orders sought that rent of Kshs. 72,000/= per month collected from the suit premises be deposited in a joint interest-earning account of both counsel pending the hearing and determination of the suit

Key legal issues

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01

Whether rent from the suit premises should be preserved by deposit into a joint interest-earning account pending determination of the suit

Holding

The application was disallowed; the existing status quo orders of 27th September 2023, which maintain the defendant in possession of the suit premises, already serve the preservation purpose and shall remain in force

Reasoning

The court invoked the doctrine of lis pendens as reinforced by the Ngeny and Ogada authorities, and noted that the orders of 27th September 2023 (Mwanyale J) preserving the status quo on the register and on the ground already cover possession inclusive of rent. The court grounded its power in Sections 3 and 13(7) of the Environment and Land Court Act, 2015, and directed priority hearing under Article 159(2)(b).

p. 2
02

Whether the suit should be fast-tracked rather than the rent-application revived

Holding

The court directed that the further hearing of the plaintiff's case, which is at an advanced stage, be on a priority basis

Reasoning

The court found that instead of revisiting interim preservation, the ends of justice are better served by expeditious hearing of the suit, consistent with the constitutional principle that justice shall not be delayed under Article 159(2)(b) of the Constitution of Kenya, 2010.

p. 2

Legal principles established

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  • The doctrine of lis pendens supports interim preservation of property, including rent generated from suit premises, pending final adjudication
  • The Environment and Land Court has statutory power under Sections 3 and 13(7) of the Environment and Land Court Act, 2015 to grant interim preservation orders

Court orders

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  1. 1.The interim status quo orders of 27th September 2023 shall remain in force for the ends of justice
  2. 2.Further hearing of the suit to be on a priority basis
  3. 3.The plaintiff's oral application is disallowed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 3 and 13(7) of the Environment and Land Court Act, 2015

Relief refused

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Deposit of rent of Kshs. 72,000/= per month from LR No. Kapsabet Township/69 into a joint interest-earning account of both counsel pending the hearing and determination of the suit

Interim preservation/status quo orders already issued on 27th September 2023 remain in force and cover possession of the suit premises inclusive of rent generated therefrom; the suit is at an advanced stage and should be heard on priority instead

p. 2

Costs

No costs order made in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Thus, the plaintifi’s application is without merit and the same is hereby disallowed.
p. 2Final orders - dismissal of the application
the interim status quo orders of 27th September 2023 shall remain in force for the ends of justice as provided for under Sections 3 and 13 (7) of the Environment and Land Court Act 2015 (2011) on the mandate of this court to grant the aforesaid interim preservation orders.
p. 2Continuation of status quo orders; statutory basis for interim preservation
Therefore, further hearing of this suit be on priority basis in the spirit of Article 159 (2) (b) of the Constitution of Kenya 2010
p. 2Priority hearing of the suit
Status quo on the register and on the ground currently being that the Defendant is in possession of Kapsabet/municipality/69 To be maintained till hearing and determination of the suit.
p. 2Terms of the existing status quo orders of 27th September 2023

Issues in the judgment

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minor

The judgment states the prior orders were issued on 27th September 2027, inconsistent with the earlier reference to 27th September 2023

minor

The judgment refers to the application dated 25th August 2025, inconsistently with the earlier reference to the application dated 25th August 2023

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Malel v Chepkirong (Environment and Land Case E013 of 2023) [2025] KEELC 6755 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6755/eng@2025-10-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.