Njenga v Chumba & another; Agola & another (Interested Parties) (Environment and Land Case E037 of 2022) [2026] KEELC 177 (KLR)
The bottom line
#The Environment and Land Court in Kakamega dismissed land applicants' bid for status quo orders, ruling speculation is no substitute for a strong case.
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 deserves the orders sought, namely status quo orders and stay of injunction applications and proceedings in Kakamega MC ELC E253 OF 2023 and any other court
Key legal issues
#Jurisdiction to stay proceedings in another court
The ELC, exercising original jurisdiction, cannot stay proceedings in a subordinate court which are not the subject of the suit before it
The court noted that the proceedings in Kakamega MC L & E Case No. E253 OF 2023 were not the subject of the instant suit and the applicants had not invoked the court's jurisdiction over them. The court was exercising original, not appellate, jurisdiction, hence lacked power to stay those proceedings.
Entitlement to status quo/temporary injunction orders
Status quo orders are injunctive in nature and require the Giella v Cassman Brown criteria; the applicants' apprehension of misinterpretation of an earlier order was mere speculation and they failed to establish a prima facie case
The applicants sought status quo orders based on speculation that the 1st defendant might misinterpret the ruling of 23rd September 2024 dismissing their earlier injunction application. The court found the order clear and nothing in the supporting affidavit demonstrated deserving orders of temporary injunction.
Legal principles established
#- To obtain a temporary injunction, an applicant must demonstrate a prima facie case with chances of success, irreparable loss not atonable in damages, and, where in doubt, the balance of convenience
- In the absence of a prima facie case, the questions of irreparable injury and balance of convenience do not arise
Court orders
#- 1.The application dated 5th November 2024 is dismissed
- 2.Costs of the application awarded to the 1st defendant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Order 40 Rule 1 of the Civil Procedure Rules (temporary injunction/status quo)
Relief refused
#Stay of applications and proceedings in Kakamega MC L & E Case No. E253 OF 2023 and any other court
The court lacks jurisdiction to stay proceedings in that case as it is exercising original, not appellate, jurisdiction over them
Ex parte status quo orders pending hearing and determination of the suit
The applicants merely speculated that the 1st defendant would misinterpret the earlier order of 23rd September 2024 and failed to establish a prima facie case
Costs
Costs to the 1st defendant
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.
this court lacks the jurisdiction to stay proceedings and applications in that case, hence that prayer is declined
Status quo orders are in the nature of an injunction in so far as they stop the interference with the suit property, by the parties.
Ultimately, I find no merit in the application dated 5th November 2024 which I hereby dismiss with costs to the 1st defendant.
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kimani v Ngamau (Environment and Land Case E227 of 2025) [2026] KEELC 4546 (KLR)[2026] KEELC 4546 (KLR)16 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Njenga v Chumba & another; Agola & another (Interested Parties) (Environment and Land Case E037 of 2022) [2026] KEELC 177 (KLR)", Case Analysis (2026). ELC No. E037 OF 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/177/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.