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ELCStruck OutELC Case (Nairobi) – Notice of Motion dated 15th December 2025

Rhapta Road Investments Limited v Mbogua & 2 others (Miscellaneous Application E016 of 2025) [2026] KEELC 3090 (KLR)

Environment and Land Court
21 May 2026
1,888 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A landowner lost his bid to stop neighbours' construction because Kenya's Environment and Land Court said planning disputes belong to a statutory committee, not the court.

What this practically means

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Executive summary

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The Applicant, Kiran Kumar Shah, the registered proprietor of L.R. No. 21/1/91 where he operates a health facility, moved the Court by Notice of Motion dated 15th December 2025 under Order 40 Rules 1(a) and 2(1) and Order 51 Rule 1 of the Civil Procedure Rules, seeking a temporary injunction restraining the Respondents from occupying, constructing on, possessing, alienating or committing acts of waste on L.R. No. 21/1/46/1, an access road he contended was public land serving his property, plus an order for police enforcement and costs. He alleged renewed encroachment by the 1st Respondent and a temporary structure approved for the 3rd Respondent on 9th December 2025 (later cancelled on 11th December 2025), obstructing access to the health facility. The 1st Respondent, John Daniel Mbogua, opposed, asserting ownership of a distinct parcel fronting Limuru Road, denying the Applicant's proprietary interest in the access road, invoking Article 40 of the Constitution, and contending that the dispute fell within the Nairobi Physical and Land Use Planning Liaison Committee's mandate, the Applicant having earlier filed ELC E096 of 2023 which was struck out for want of jurisdiction. The Applicant responded that the earlier matter was struck out, not heard on the merits, and that fresh acts of encroachment and the Liaison Committee's alleged suspension gave rise to a fresh cause of action. The Court framed three issues: jurisdiction, the injunction conditions, and costs. Applying Justice Judy Omange's ruling of 11th October 2024 in ELC E096 of 2023, which was unreversed, Judge Mohammed N. Kullow held the substratum of the dispute remained development permissions and planning, a matter for the statutory Liaison Committee, and that the alleged suspension of that body, unsupported by documentary evidence, could not confer jurisdiction. The Court struck out the application with costs to the Respondents.

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 has jurisdiction to entertain the present application
  2. 2.Whether the Applicant has satisfied the conditions for grant of temporary injunctive orders
  3. 3.Who should bear the costs of the application

Key legal issues

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01

Jurisdiction of the ELC over disputes concerning development permissions and planning

Holding

The Court lacks jurisdiction where the substratum of the dispute concerns development permissions and planning, which falls within the mandate of the Physical and Land Use Planning Liaison Committee.

Reasoning

The court noted a prior ruling by Hon. Justice Judy Omange in ELC E096 of 2023 striking out a suit over the same subject property for want of jurisdiction, which had not been reviewed, varied or set aside. The substratum of the present dispute remained the legality of construction activities and development approvals touching L.R. No. 21/1/46/1. Fresh acts of encroachment and the alleged suspension of the Liaison Committee did not confer jurisdiction, as no documentary evidence of the suspension was exhibited and the statute's dispute mechanism governed.

p. 4
02

Whether conditions for a temporary injunction were satisfied

Holding

Not considered because the Court found it lacked jurisdiction.

Reasoning

Having found the Court lacked jurisdiction, the Judge held it unnecessary to consider the second issue on the injunction conditions. This is a consequence of the jurisdictional finding rather than an independent merits determination.

p. 4
03

Costs

Holding

Costs follow the event and were awarded to the Respondents.

Reasoning

The court applied the general principle that costs follow the event and found no reason to depart from it, given the Applicant's application was struck out.

p. 4

Legal principles established

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  • Where a statute expressly provides a dispute resolution mechanism, suspension of that body does not confer jurisdiction on the Court where the Court has previously pronounced itself on jurisdiction over the same subject matter.

Court orders

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  1. 1.The Notice of Motion application dated 15th December 2025 is struck out
  2. 2.Costs of the application to the Respondents

The bench

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

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction considered against the Physical and Land Use Planning Act, 2019; Article 40 of the Constitution raised by the 1st Respondent

Relief refused

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Temporary injunction restraining the Respondents from occupying, constructing on, possessing, alienating or committing acts of waste on L.R. No. 21/1/46/1

The Court lacked jurisdiction, the dispute falling within the statutory dispute resolution mechanism under the Physical and Land Use Planning Act, 2019

p. 4

Direction to the OCS Gigiri Police Station to provide security for enforcement of court orders

Not considered as the application was struck out for want of jurisdiction

Costs

Costs of the application to the Respondents ('costs follow the event')

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.

Accordingly, I find and hold that this Court lacks jurisdiction to entertain the present application.
p. 4Jurisdiction
In the result, the Notice of Motion application dated 15th December 2025 is hereby struck out with costs to the Respondents.
p. 4Final orders
such suspension in itself would not confer jurisdiction upon this Court where the statute has expressly provided a dispute resolution mechanism and where this Court had previously pronounced itself on the issue of jurisdiction
p. 4Statutory dispute resolution mechanism

Issues in the judgment

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minor

No case title or case number appears in the provided judgment text; the heading is blank and the matter is identified only by the Notice of Motion date.

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, "Rhapta Road Investments Limited v Mbogua & 2 others (Miscellaneous Application E016 of 2025) [2026] KEELC 3090 (KLR)", Case Analysis (2026). ELC Case (Nairobi) – Notice of Motion dated 15th December 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3090/eng@2026-05-21

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