Sikorei v Kenya Power and Lighting Company Limited Staff Retirement Benefits Scheme 2006 Registered Trustees (Land Case E534 of 2025) [2026] KEELC 2424 (KLR)
The bottom line
#A Nairobi court refused to stop the eviction of a homebuyer who had repeatedly defaulted on payments, ruling the pension fund seller acted within its contract.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case with a probability of success
No enforceable right apparently infringed was demonstrated; the Respondent acted within the terms of the agreements
The undisputed evidence showed the Applicant defaulted on the purchase price and licence fees, repeatedly sought and was granted indulgences, failed to honour his own revised timelines, and did not pay the further Kshs 40,000,000 he undertook to pay by 31st October 2025. The court found the Respondent's termination followed prolonged default and was not outside the agreements, so no prima facie case with probability of success was established.
Whether the Applicant would suffer irreparable harm not compensable by damages
No; the claim is a failed commercial transaction with quantifiable monetary amounts
The sums paid (Kshs 21,655,000) and improvements (Kshs 11,400,000) are quantifiable and compensable. The Applicant's occupation arose from a contractual licence and lease subject to express payment obligations, so any loss from termination or loss of possession is remediable by damages. It was neither alleged nor proved that the Respondent could not pay damages.
Where the balance of convenience lies
It tilts in favour of the Respondent
The Applicant had remained in occupation while persistently defaulting; restraining the Respondent would compel it to accommodate a persistent defaulter. The Respondent is a pension fund with fiduciary obligations to its members, exposed to unrecovered licence fees, unpaid utilities, land rent and rates, and inability to dispose of the property.
Legal principles established
#- The Giella requirements for an interlocutory injunction must be satisfied sequentially
- At the interlocutory stage the court conducts no mini-trial but assesses whether the applicant has a bona fide arguable claim likely to succeed
- Quantifiable monetary claims are compensable in damages and do not establish irreparable harm
Court orders
#- 1.The Motion dated 21st October, 2025 is dismissed with costs
- Jurisdiction invoked
- Civil Procedure Act (Sections 1A, 1B, 3A and 63(e)) and Civil Procedure Rules, Order 40 Rule 1 and Order 51 Rule 1
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sikorei v Kenya Power and Lighting Company Limited Staff Retirement Benefits Scheme 2006 Registered Trustees (Land Case E534 of 2025) [2026] KEELC 2424 (KLR)", Case Analysis (2026). Notice of Motion dated 21st October, 2025 (suit over town house No. 18C Bogani Park, LR No. 2259/708). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2424/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.