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ELCPartially AllowedELC Case (Kapsabet) - rulings on Notice of Motion dated 12th September 2025 and Notice of Motion dated 4th November 2025

Tuitoek v Kogo & another (Land Case (Originating Summons) E006 of 2025) [2026] KEELC 87 (KLR)

Environment and Land Court
20 January 2026
2,217 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kapsabet by Hon G M A Ongondo, J, dealt with two applications by the Applicant in a land dispute over parcel Nandi/Kebulonik/596. By the first Notice of Motion dated 12th September 2025, the Applicant, claiming to be an adverse possessor of 5.75 acres of the suit land since 2008, sought a temporary injunction restraining the Respondents (the registered proprietors) from trespass, forceful invasion and plucking of tea bushes pending determination of the suit. By the second Notice of Motion dated 4th November 2025, he sought committal of the Respondents for contempt of the status quo orders issued on 16th September 2025, alleging they regained forceful entry, constructed a structure, felled trees, burnt charcoal and cultivated on his portion. The Respondents opposed both applications, asserting they are registered owners in occupation, that the orders were improperly obtained and not served on them, and that the contempt threshold was not met. The court applied Order 40 of the Civil Procedure Rules and the Giella principles on injunctions, and the Hadkinson and Mutitika authorities on contempt. It found the orders of 16th September 2025, though carrying a penal notice, were not duly served and no deliberate disobedience was demonstrated; the contempt application therefore failed. Noting the issues are highly contested and trial determination is necessary, the court invoked lis pendens and Section 13(7) of the Environment and Land Court Act to grant interim preservation. The first application was partially allowed: the 16th September 2025 status quo order was modified to subsist pending hearing and determination of the suit, restraining alienation, disposal, destruction of property or eviction. The second application was dismissed. Costs of both applications were to abide the outcome of the suit.

Questions the Court framed

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

  1. 1.Whether the Applicant satisfied the threshold for a temporary injunction over the suit land Nandi/Kebulonik/596
  2. 2.Whether the Respondents are in contempt of the court orders issued on 16th September 2025
  3. 3.Whether an order of committal should issue against the Respondents
  4. 4.Whether interim preservation of the suit land is necessary pending trial

Key legal issues

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01

Temporary injunction over suit land

Holding

Interim preservation by way of a modified status quo order was warranted given the highly contested issues; the injunction application was partially allowed

Reasoning

The court held the issues are highly contested and must be determined at trial, but interim preservation of the suit land is necessary. It invoked lis pendens and its power under Section 13(7) of the Environment and Land Court Act to grant interim preservation orders, including status quo orders, rather than a full temporary injunction.

p. 4
02

Contempt of court orders

Holding

Contempt application dismissed; no proof of willful disobedience

Reasoning

The court found the orders of 16th September 2025, which carried a penal notice, were not duly served on the Respondents, and the Applicant failed to demonstrate deliberate disobedience. The allegations were unsubstantiated and fell below the threshold set in the Mutitika and Hadkinson authorities on proof of contempt.

p. 4

Legal principles established

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  • There is an unqualified obligation to obey orders of a court of competent jurisdiction until discharged
  • Lis pendens maintains status quo over disputed property until the suit is determined
  • Contempt requires deliberate breach of clear and lawful orders, and service of the orders is essential

Court orders

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  1. 1.First application partially allowed
  2. 2.Second application for contempt dismissed
  3. 3.Status quo order of 16th September 2025 modified to subsist pending hearing and determination of the suit
  4. 4.Status quo over suit land Nandi/Kebulonik/596 to be maintained by the parties; no alienation, disposal, destruction of property or eviction pending suit
  5. 5.Costs of both applications to abide the outcome of the suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 13(7) of the Environment and Land Court Act 2015 (interim preservation orders); Order 40 of the Civil Procedure Rules 2010

Relief refused

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Committal of the Respondents for contempt of the orders of 16th September 2025

The orders with a penal notice were not duly served and deliberate disobedience was not demonstrated

p. 4

Costs

Costs of both applications to abide the outcome of the suit

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.

For the avoidance of doubt, the status quo prevailing over the suit land reference number Nandi/ Kebulonik/596 SHALL be maintained by the Plaintifi and the Defendants pending the outcome of this suit
p. 5Final orders - modified status quo
To this end, the first application is partially merited and hereby partially allowed. The second application is devoid of merit and it is hereby dismissed.
p. 5Disposition
Costs of both applications to abide the outcome of the suit.
p. 5Costs
The disclosure from the e-filing platform is that the orders of 16th September 2025 with a penal notice were not duly served. There is no demonstration by the Applicant of deliberate disobedience of the said orders by the Respondents.
p. 4Contempt - service and willful breach
...........Injunctive orders are meant to preserve property and maintain the status quo........
p. 4Purpose of injunctive orders

Issues in the judgment

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minor

The judgment refers to a related suit without giving its full case title, and the caption/case number of the main suit is not stated in the judgment text provided

minor

The judgment contains typographical errors, e.g. 'efiect of fiora and fauna' which appears garbled

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, "Tuitoek v Kogo & another (Land Case (Originating Summons) E006 of 2025) [2026] KEELC 87 (KLR)", Case Analysis (2026). ELC Case (Kapsabet) - rulings on Notice of Motion dated 12th September 2025 and Notice of Motion dated 4th November 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/87/eng@2026-01-20

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