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ELCPartially AllowedNot stated in the extract (Environment and Land Court suit, Kakamega)

NNM v PMW & 2 others (Environment and Land Case E002 of 2024) [2026] KEELC 695 (KLR)

Environment and Land Court
4 February 2026
ANA. NYUKURI
1,183 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Kakamega Environment and Land Court refused to evict a wife from disputed family land, freezing everything as it stands until trial.

What this practically means

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Executive summary

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The 1st and 2nd defendants, husband and wife, applied by notice of motion dated 26th February 2024 for orders prohibiting the plaintiff from registering, leasing, occupying or asserting any interest in fifteen suit parcels in S/Kabras/Chemuche, and for OCS Kabras' assistance in enforcing her removal pending the hearing of the suit. They asserted that the 1st defendant inherited the original parcel in 1972, subdivided it for his family, and that the plaintiff, from whom he is allegedly separated, was improperly eyeing the 2nd wife's property. The plaintiff opposed the application, asserting a subsisting Christian marriage solemnised in 1983, that the 2nd defendant's marriage to the 1st defendant was secret and void for want of capacity, that the land is ancestral and held in trust for the family, that the disputed transfers were effected fraudulently and without spousal consent, and that she is in actual occupation. She also raised sub judice regarding parallel proceedings filed by the 2nd defendant at Butali. The court framed a single issue: whether the applicants met the threshold for a temporary injunction, applying Giella v Cassman Brown. Observing that the plaintiff claims occupation connected to her spousal status and that the injunction sought would effectively determine the suit before trial and deny the parties the chance to test evidence on cross-examination, the court declined the orders as sought and instead ordered maintenance of the status quo: no evictions, no further registrations or dealings on the titles, and no further development pending determination of the suit. The application succeeded only in part. No costs order appears.

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 has met the threshold for grant of temporary injunction

Key legal issues

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01

Whether the 1st and 2nd defendants met the threshold for a temporary injunction restraining the plaintiff

Holding

The full injunction sought was refused; instead status quo was ordered preserving occupation, title and the state of development pending trial

Reasoning

The court applied Giella v Cassman Brown. The 2nd defendant is the registered proprietor, but her registration is contested on grounds of fraud and illegality, which are matters for trial. The plaintiff alleges occupation while the defendants counterclaim for peaceful possession. Granting the injunction would pre-empt the trial and deny parties the opportunity to test evidence on cross-examination. Status quo orders best preserve the position.

p. 3

Legal principles established

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  • Interlocutory injunctions are governed by the Giella v Cassman Brown principles: prima facie case with probability of success, irreparable injury not compensable in damages, and balance of convenience where the court is in doubt
  • An interlocutory injunction that would effectively determine the suit before trial should not issue; status quo orders are appropriate where occupation is tied to a contested spousal/family claim

Court orders

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  1. 1.Status quo obtaining in respect of the suit property shall be maintained by both parties so that none in occupation thereof is evicted
  2. 2.No further dealings on the title thereof shall be registered pending hearing and determination of this suit
  3. 3.No further development on the suit property shall be done pending hearing and determination of this suit

The bench

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

AN
majority

Wrote the judgment

Jurisdiction invoked
Inherent powers of the Environment and Land Court to grant interlocutory orders pending hearing of the suit (not expressly cited in the extract)

Relief refused

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Order prohibiting registration/change of ownership, leasing, allotment, occupation or any right, title or interest by the plaintiff in the suit parcels, and OCS Kabras assistance to enforce restraint against the plaintiff

Granting the injunction sought would determine the suit substantively before trial; the plaintiff claims to be in occupation and her occupation stems from her status as the 1st defendant's spouse, so status quo orders were granted instead

p. 3

Costs

No costs order was made in the extract; the defendants' prayer for costs was not addressed.

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 applicant must demonstrate a prima facie case with a probability of success
p. 3Test for temporary injunction
the orders that commend themselves in the circumstances of this case, which I hereby grant, are orders that the status quo obtaining in respect of the suit property shall be maintained by both parties so that none in occupation thereof is evicted; no further dealings on the title thereof shall be registered and no further development thereon shall be done, pending hearing and determination of this suit.
p. 3Final orders - status quo pending trial
It is so ordered.
p. 3Disposition

Issues in the judgment

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minor

The judgment records submissions only from the plaintiff ('On record are submissions filed by the plaintifi dated 16th September 2024') despite stating 'Parties filed submissions in support of their respective cases'; the defendants' submissions do not appear on record.

minor

The 1st and 2nd defendants filed the application but made no appearance at the delivery of the ruling, and the outcome partially diverges from the orders sought (status quo instead of the prohibition sought), without an express costs determination on their prayer for costs.

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, "NNM v PMW & 2 others (Environment and Land Case E002 of 2024) [2026] KEELC 695 (KLR)", Case Analysis (2026). Not stated in the extract (Environment and Land Court suit, Kakamega). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/695/eng@2026-02-04

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