Malel v Chepkirong (Environment and Land Case E013 of 2023) [2025] KEELC 6755 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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
#Whether rent from the suit premises should be preserved by deposit into a joint interest-earning account pending determination of the suit
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
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).
Whether the suit should be fast-tracked rather than the rent-application revived
The court directed that the further hearing of the plaintiff's case, which is at an advanced stage, be on a priority basis
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.
Legal principles established
#- 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
#- 1.The interim status quo orders of 27th September 2023 shall remain in force for the ends of justice
- 2.Further hearing of the suit to be on a priority basis
- 3.The plaintiff's oral application is disallowed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 3 and 13(7) of the Environment and Land Court Act, 2015
Relief refused
#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
Costs
No costs order made in the judgment
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.
Thus, the plaintifi’s application is without merit and the same is hereby disallowed.
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.
Therefore, further hearing of this suit be on priority basis in the spirit of Article 159 (2) (b) of the Constitution of Kenya 2010
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.
Issues in the judgment
#The judgment states the prior orders were issued on 27th September 2027, inconsistent with the earlier reference to 27th September 2023
The judgment refers to the application dated 25th August 2025, inconsistently with the earlier reference to the application dated 25th August 2023
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.