Mokaya & 16 others v Emco Billets and Steel Limited; Co-operative Bank of Kenya Limited (Interested Party) (Enviromental and Land Originating Summons E038 of 2025) [2026] KEELC 221 (KLR)
The bottom line
#Kenya's Environment and Land Court set aside a land injunction because the party who obtained it hid key facts from the court.
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 interlocutory injunctive orders issued on 2nd July 2025 should be discharged
- 2.Who should bear the costs?
Key legal issues
#Whether the applicant established valid grounds to set aside the injunction orders issued on 2nd July 2025
Yes - the ex parte injunction was obtained through concealment of material facts, namely the sale agreement, the already completed subdivision, the existence of a steel factory on 26.6774 acres, and the failure to disclose the correct acreage
The court applied Order 40 Rule 7 and the case law factors for discharging an injunction. It found that the plaintiffs did not controvert the alleged concealments: the sale agreement of 30th January 2025 was not denied, the steel factory's existence was confirmed, and the plaintiffs were dismissive about the acreage. The court concluded that had the judge who granted the injunction known these facts, the reasoning would have differed, warranting discharge of the orders.
Legal principles established
#- The discretion under Order 40 Rule 7 to discharge an injunction must be exercised sparingly and not as a tool for appeal, but an injunction obtained by concealment of material facts may be set aside
- An interlocutory injunction obtained by misrepresentation or concealment of material facts will be discharged on the application of the aggrieved party
Court orders
#- 1.The applicant's notice of motion dated 1st October 2025 is allowed
- 2.The ex parte interlocutory injunctive orders issued on 2nd July 2025 are set aside
- 3.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction and Order 40 Rule 7 of the Civil Procedure Rules permitting discharge, variation or setting aside of injunction orders
Relief refused
#Prayer that the plaintiffs' application dated 28th June 2025 be struck out summarily
The court only set aside the ex parte injunctive orders and made no order striking out the originating summons or the application of 28th June 2025
Costs
Each party to bear their own costs.
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.
The upshot of the foregoing is that the applicant’s application is merited and the ex parte interlocutory injunctive orders are hereby set aside.
Each party to bear their costs.
It is settled law that if an interlocutory injunction has been obtained by means of misrepresentation or concealment of material facts, the same will on the application of the party aggrieved be discharged.
proof that the injunction was obtained by concealment of facts which if presented would have worked against the granting of the injunction
Any order for an injunction may be discharged, or varied, or set aside by the court on application made thereto by any party dissatisfied with such order.
Issues in the judgment
#The judgment does not state the full names and designations of the plaintiffs and the interested party; parties are referred to only through the deponents and counsel's appearances
The judgment lacks a formatted case number header; the case is identified only by reference to the suit property
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mokaya & 16 others v Emco Billets and Steel Limited; Co-operative Bank of Kenya Limited (Interested Party) (Enviromental and Land Originating Summons E038 of 2025) [2026] KEELC 221 (KLR)", Case Analysis (2026). ELC Suit relating to LR No 12034/3 (IR 195069) - Notice of Motion dated 1st October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/221/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.