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ELCOtherPetitioner's Notice of Motion dated 18th July, 2025 (in a Petition before the Environment and Land Court, Kajiado)

Serafa Enterprises Limited v County Government of Kajiado & another (Land Case Petition E010 of 2025) [2026] KEELC 3275 (KLR)

Environment and Land Court
28 May 2026
2,052 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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What this practically means

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Executive summary

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This is a ruling by M.D. Mwangi, Judge, of the Environment and Land Court at Kajiado delivered virtually on 28th May 2026 on Serafa Enterprises Limited's Notice of Motion dated 18th July 2025 in a petition against the County Government of Kajiado and its Chief Officer, Lands. The petitioner, asserting registered ownership since 2022 of several Loitokitok/Eselenkei parcels and substantial improvements including perimeter walls, boreholes and livestock rearing, challenged enforcement notice Ref. No. CGK/ENSL/06/23 dated 27th June 2025 requiring cessation of activities, restoration and demolition within 21 days, and notices dated 15th May 2024, 3rd December 2024 and 11th December 2024 declaring Itituleta, Olerere, Olanti and Isinya areas within Eselenkei Group Ranch a Special Planning Area. The petitioner alleged violations of Articles 10, 40, 47, 60(1) and 64, absence of public participation, retrospectivity and lack of fair administrative action, and sought conservatory orders and restraints pending trial. The respondents, through the County Executive Committee Member for lands, maintained the notices were lawful exercises of statutory power under Section 52 of the Physical and Land Use Planning Act, that the land falls within a gazetted special planning area and zoned rangeland, that the petitioner lacks good title, and that public participation was conducted. The court did not determine the merits. Noting that the constitutionality of the special planning area declaration is a core issue in ELCLPET E001 of 2024, before which the Chief Justice has empaneled a three-judge bench, the court, as proper case management and to avoid contradictory decisions, stayed further proceedings in this and related matters and directed that the interim orders issued on 18th July 2025 remain in force pending further directions dependent on the outcome of that petition.

Questions the Court framed

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

  1. 1.Whether interim conservatory orders should issue staying the Enforcement Notice Ref. No. CGK/ENSL/06/23 dated 27th June 2025 and restraining the Respondents from interfering with the Petitioner's possession and use of the suit parcels
  2. 2.Whether a stay of the notices dated 15th May 2024, 3rd December 2024 and 11th December 2024 declaring Itituleta, Olerere, Olanti and Isinya areas within Eselenkei Group Ranch a Special Planning Area should be granted pending determination of the Petition
  3. 3.How to manage a petition raising issues substantially similar to those in ELCLPET E001 of 2024, before which a three-judge bench has been empaneled

Key legal issues

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01

Case management where a related petition is before an empaneled bench

Holding

Proceedings in this petition and related matters are stayed pending the outcome of ELCLPET E001 of 2024, in which the Chief Justice has empaneled a three-judge bench

Reasoning

The court identified that the constitutionality of the special planning area declaration over the Eselenkei area is one of the core issues in ELCLPET E001 of 2024, before which a three-judge bench has been empaneled by the Honourable Chief Justice. To avoid the possibility of contradictory decisions and as part of proper case management, the court stayed further proceedings in this and related matters, leaving interim preservation orders in force in the meantime.

p. 5
02

Preservation of the suit properties pending determination

Holding

The interim orders issued on 18th July 2025 remain in force for purposes of preservation pending further directions dependent on the outcome of ELCLPET E001 of 2024

Reasoning

Although the court declined to pronounce on the merits of the contested conservatory orders, it preserved the status quo by directing that the interim orders already issued on 18th July 2025 remain in force. This balances preservation of the suit properties with deference to the empaneled bench handling the substantially similar petition, with further directions to follow on the outcome of that petition.

p. 5

Legal principles established

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  • Where a petition raises issues that are core issues in another pending petition before an empaneled multi-judge bench, the court may stay proceedings to avoid contradictory decisions

Court orders

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  1. 1.Stay of further proceedings in this and other related matters pending the outcome of ELCLPET E001 of 2024
  2. 2.The interim orders issued on 18th July 2025 for preservation of the suit properties to remain in force pending further directions dependent on the outcome of ELCLPET E001 of 2024

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 22(1), 23(1) and (3) of the Constitution of Kenya, 2010; Sections 13 and 19 of the Environment and Land Court Act, 2011; Rules 19 and 23 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

Relief refused

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Conservatory orders sought in prayers (iv), (v), (vi) and (vii) of the Notice of Motion

Rather than granting the sought conservatory orders, the court invoked case-management powers, staying further proceedings and leaving the interim orders issued on 18th July 2025 in force pending the outcome of the related petition ELCLPET E001 of 2024

p. 5

Costs

No costs order made in the ruling; the application had sought costs (prayer viii) but the disposition is silent on 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.

As part of proper case management, and to avoid the possibility of contradictory decisions, this court will stay any further proceedings in this and other related matters awaiting the outcome of ELCLPET E001 of 2024.
p. 5Stay of proceedings to avoid contradictory decisions
The interim orders which had already been issued in this matter on 18th July 2025 for purposes of preservation of the suit properties shall in the meantime remain in force awaiting further directions, dependent on the outcome of ELCLPET E001 of 2024.
p. 5Final orders - continuation of interim preservation orders
It is so ordered.
p. 5Disposition

Issues in the judgment

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minor

Internal date inconsistencies: the Replying Affidavit is said to be sworn on 8 December 2025 while the notices it responds to are dated 2024/2025 and the ruling is delivered 28 May 2026; also the judgment text renders the delivery date as '28TH DAY OF MAY,__ 2026' with a blank

minor

The petitioner is referred to in the singular ('he has lawfully possessed') despite being a limited company, and supporting deponent Sheikh Said Rageah's relationship to the petitioner is not stated

minor

Statutory citations are inconsistent - the Physical and Land Use Planning Act is referred to as Cap. 303 and the Wildlife Conservation and Management Act as Cap. 376, and lists of land parcels in the prayers differ between prayer (v) and prayer (vi)

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, "Serafa Enterprises Limited v County Government of Kajiado & another (Land Case Petition E010 of 2025) [2026] KEELC 3275 (KLR)", Case Analysis (2026). Petitioner's Notice of Motion dated 18th July, 2025 (in a Petition before the Environment and Land Court, Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3275/eng@2026-05-28

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