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ELCStruck OutNot stated in the judgment

Muigai v Njeru (Environment and Land Appeal E008 of 2024) [2026] KEELC 1195 (KLR)

Environment and Land Court
27 February 2026
178 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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To lift inhibition orders on land in Kenya, apply to the court that issued them, not to an appeal court that has finished the case.

What this practically means

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Executive summary

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By a notice of motion dated 20/2/2026, the applicant, appearing ex-parte, sought vacation of inhibition orders issued against the suit land. The Environment and Land Court at Chuka (B M Eboso J) perused the court file and an exhibited extract of the land register. The court observed that it had exercised appellate jurisdiction in the matter and had not itself issued the inhibition orders; those orders were issued by the lower court. The court held that the power to vacate inhibition orders lies with the court that issued them, and that having fully disposed of the appeal, it was functus officio and could not act on the application. Accordingly, the application was struck out, with the applicant granted liberty to move the relevant (lower) court to seek vacation of the inhibition orders. The court made no orders as to costs. The judgment was delivered ex tempore on 27 February 2026 at Chuka, with the appellant present in person and Mr. Murithi Advocate appearing for the respondent.

Questions the Court framed

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

  1. 1.Whether this court, having disposed of the appeal, could vacate inhibition orders issued by the lower court against the suit land

Key legal issues

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01

Whether the ELC, sitting on appeal and having delivered its decision, could entertain an application to vacate inhibition orders issued by the subordinate court

Holding

It could not; the application was struck out and the applicant directed to the lower court

Reasoning

The court perused the file and the land register extract and confirmed it never issued the inhibition orders impugned; they emanated from the lower court. Having concluded the appeal, the court lacked competence to act on the application, as the power to vacate lies with the issuing court. The ex-parte application was therefore struck out with no costs, leaving the applicant free to move the proper forum.

p. 1

Legal principles established

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  • A court that has fully disposed of a matter is functus officio and cannot vary or vacate orders; the competent forum is the court that issued the orders

Court orders

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  1. 1.The application dated 20/2/2026 is struck out
  2. 2.The applicant is at liberty to move the relevant (lower) court to vacate the inhibition orders
  3. 3.No orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Appellate jurisdiction previously exercised by the Environment and Land Court over the lower court's matter; the instant application was brought in that disposed appeal

Relief refused

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Vacation of inhibition orders issued against the suit land

The inhibition orders were issued by the lower court, not this court; this court, having disposed of the appeal, is functus officio and cannot vacate orders it did not issue

p. 1

Costs

There shall be no orders as to costs.

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 to vacate the inhibition orders is the court which issued them. This court having disposed this appeal, it is functus officio.
p. 1functus officio - competence of a court that has disposed of a matter
For the above reason, the application is struck out. The applicant shall be at liberty to move the relevant court to vacate the inhibition orders. There shall be no orders as to costs.
p. 1Final orders - striking out and liberty to apply to the issuing court

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, "Muigai v Njeru (Environment and Land Appeal E008 of 2024) [2026] KEELC 1195 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1195/eng@2026-02-27

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