Masai & 25 others v Kenya Urban Roads Authority (KURA) & 2 others (Land Case E072 of 2025) [2026] KEELC 4013 (KLR)
The bottom line
#The Machakos Environment and Land Court refused to stop KURA's eviction of two Mlolongo landowners, finding their injunction case too weak for interim protection.
What this practically means
#Executive summary
#Key legal issues
#Principles for granting a temporary injunction
The application failed the settled Giella tripartite test; the court was not satisfied that an injunction should issue pending the hearing of the suit on its merits
The court recited the Giella v Cassman Brown principles as reiterated in Nguruman Limited v Jan Bonde Nielsen, requiring a prima facie case, irreparable injury and balance of convenience, applied as separate, distinct and logical hurdles to be surmounted sequentially. Despite the Plaintiffs producing certificates of title and alleging the notice was fraudulent and too short, the judge was not persuaded on the materials before the court and declined to grant the injunction.
Irreparable injury
The Plaintiffs did not demonstrate irreparable injury; the court adopted the Kogo v Tenai definition
The court cited Pius Kipchirchir Kogo v Frank Kimeli Tenai for the meaning of irreparable injury: harm that cannot be adequately compensated in damages, with no other remedy open to the applicant. The Plaintiffs asserted legal acquisition, possession and that the parcels were far from the KURA road, separated by a KPLC way leave, but the court found the overall risk favoured refusing the injunction pending full interrogation of the documents at trial.
Legal principles established
#- An applicant for an interlocutory injunction must sequentially surmount the three hurdles of prima facie case, irreparable injury and balance of convenience
Court orders
#- 1.The application dated 9th June 2025 is dismissed with costs
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rules 1, 2, 3 & 4 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masai & 25 others v Kenya Urban Roads Authority (KURA) & 2 others (Land Case E072 of 2025) [2026] KEELC 4013 (KLR)", Case Analysis (2026). ELCLC CASE NO. E072 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4013/eng@2026-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.