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ELCDismissedNotice of Motion dated 21st October, 2025 (suit over town house No. 18C Bogani Park, LR No. 2259/708)· [2026] KEELC 2424 (KLR)

Sikorei v Kenya Power and Lighting Company Limited Staff Retirement Benefits Scheme 2006 Registered Trustees (Land Case E534 of 2025) [2026] KEELC 2424 (KLR)

Environment and Land Court
30 April 2026
4,230 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Plaintiff/Applicant moved the court by Notice of Motion dated 21st October 2025 under Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Orders 40 and 51 of the Civil Procedure Rules, seeking interim injunctions restraining the Defendant/Respondent, Kenya Power Pension Fund, from evicting him from or interfering with his quiet possession of town house No. 18C at Bogani Park on LR No. 2259/708, pending hearing of the application and the suit. The Applicant relied on an agreement for lease dated 17th December 2019, payment of Kshs 21,655,000 towards the purchase price, improvements valued at Kshs 11,400,000, an undertaking to pay a further Kshs 40,000,000, and the fact that the property is his matrimonial home. The Respondent, a pension fund with fiduciary duties, deponed through its CEO and Trust Secretary that the Applicant persistently defaulted on the purchase price and licence fees despite repeated variations, default notices and indulgences; the sale agreement and licence were terminated on 12th June 2025, and the Applicant owed about Kshs 84,783,401.91. The court framed a single issue: whether the Applicant met the threshold for a temporary injunction. Applying Giella v Cassman Brown sequentially, as affirmed in Nguruman, the court found no prima facie case, as the Respondent acted within the parties' agreements after prolonged default; no irreparable harm, as the claims were quantifiable and compensable in damages; and the balance of convenience favoured the Respondent. The Motion was dismissed with costs on 30th April 2026 (O. A. Angote, Judge).

Key legal issues

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01

Whether the Applicant established a prima facie case with a probability of success

Holding

No enforceable right apparently infringed was demonstrated; the Respondent acted within the terms of the agreements

Reasoning

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.

p. 7
02

Whether the Applicant would suffer irreparable harm not compensable by damages

Holding

No; the claim is a failed commercial transaction with quantifiable monetary amounts

Reasoning

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.

p. 8
03

Where the balance of convenience lies

Holding

It tilts in favour of the Respondent

Reasoning

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

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  • 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

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  1. 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

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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, "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.