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ELCAllowedPetition dated 2025 (Notice of Motion dated 17/07/2025)

Migaa Golf Estate Residents’ Association v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 8346 (KLR)

Environment and Land Court
1 December 2025
2,094 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kiambu homeowners' association won a court order stopping quarry blasting near their homes until the full case is heard.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Thika (Mogeni J) on a Notice of Motion dated 17/07/2025 by Petitioners, an association of homeowners at Migaa Golf Estate, Rioki, Kiambu County, seeking an interim injunction restraining the 3rd Respondent from further blasting and quarrying on the adjoining parcel Land Reference No. 4888/2. The Petitioner deponed that blasts on 12/03/2025, 16/04/2025 and 12/05/2025 caused cracks to members' houses, evidenced by a structural audit, and infringed the right to a clean and healthy environment. The activities were undertaken under an EIA licence NEMA/EIA/PSL/33037 issued 13/06/2024 and a blasting authorization issued 10/03/2025, without consultation, public participation or change of user. Only the 3rd Respondent replied, denying wrongdoing, asserting public participation via a banner, and warning of revenue loss and insolvency if stopped. The court framed one issue: whether the Applicants had satisfied the Giella v Cassman Brown conditions for a temporary injunction. It applied Nguruman, Rockland Kenya and Paul Gitonga Wanjau on irreparable harm and balance of convenience. Notably, the 3rd Respondent conceded change of user had not been applied for, confirming the Petitioner's claim, and its public participation amounted only to hanging a banner. Finding the application merited, the court granted the injunction restraining further blasting and quarrying by the 3rd Respondent, its agents and employees, reserved the pre-trial conference for 19/01/2026 for viva voce hearing, and awarded costs to the Applicants. The Petition itself remains pending for full hearing.

Questions the Court framed

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

  1. 1.Whether the Petitioners/Applicants have satisfied the conditions for the grant of a temporary injunction pending the hearing and determination of this suit

Key legal issues

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01

Whether the Applicants met the Giella v Cassman Brown conditions for a temporary injunction against quarrying and blasting

Holding

The application was allowed: the Applicants demonstrated a prima facie case, notably because the 3rd Respondent conceded that no change of user had been applied for, and public participation was questionable (only a banner hung at the gate). Irreparable harm was evidenced by a structural audit attributing cracks to blasting vibrations.

Reasoning

The court applied Giella v Cassman Brown and Nguruman, stressing that irreparable injury must be actual and not speculative. The Applicants produced expert studies (JM7, JM8) attributing house cracks to blasting vibrations and alleged infringement of the right to a clean environment, invoking the precautionary principle. The 3rd Respondent's own averments confirmed change of user had not been obtained and public participation consisted only of a banner the Applicants did not attend. Weighing the Rockland and balance-of-convenience principles, the court found the application merited, preserved the substratum of the suit, and granted the injunction with costs to the Applicants.

p. 5

Legal principles established

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  • An applicant for a temporary injunction must establish a prima facie case with a probability of success, irreparable loss not compensable by damages, and failing which the court decides on a balance of convenience (Giella v Cassman Brown).
  • Irreparable injury must be real, actual and substantial, not speculative or a mere unfounded apprehension.

Court orders

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  1. 1.Order of injunction restraining any further blasting and quarrying activities on Land Reference No. 4888/2 Rioki Village, Kiambu County by the 3rd Respondent, its agents, employees or any other person acting under its authority or instructions, pending hearing and determination of the Petition
  2. 2.Pre-trial Conference reserved as issued for 19/01/2026 to prepare for viva voce hearing of the Petition
  3. 3.Costs of the application awarded to the Applicants

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over environmental and land use disputes (interlocutory application in a pending Petition)

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.

The Court issues an order of injunction restraining any further blasting and quarrying activities on Land Reference No. 4888/2 Rioki Village, Kiambu County by the 3rd Respondent, its agents, employees or any other person acting under the authority or instructions of the 3rd Respondent.
p. 5Final orders - interim injunction
Costs are awarded to the Applicants.
p. 5Costs
It is incumbent upon the Applicant to prove that he or she will sufier irreparable harm that is not capable of being compensated by an award of damages if an order of injunction is not issued.
p. 4Irreparable harm threshold
The purpose of a temporary injunction is to preserve the substratum of the suit.
p. 4Purpose of interim injunction
Further the public participation that the 3rd Respondent alleges to have done is according to the 3rd Respondent the process where they hanged a banner at the gate of the residence of the Petitioner and from their own statement, the Applicant chose not to attend.
p. 3Adequacy of public participation

Issues in the judgment

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minor

The name of the 1st and 2nd Respondents and the full Petition case number are not stated anywhere in the ruling; parties are identified only by role and function.

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, "Migaa Golf Estate Residents’ Association v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 8346 (KLR)", Case Analysis (2025). Petition dated 2025 (Notice of Motion dated 17/07/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8346/eng@2025-12-01

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