Kioko (On his Behalf and on Behalf of the Estate of the Late Kioko Ndulani) & 2 others v Ndulani & 2 others (Environment and Land Case E002 of 2026) [2026] KEELC 4505 (KLR)
The bottom line
#The Environment and Land Court refused to stop occupants from entering Makueni land because the applicant never legally challenged the Minister's earlier land adjudication decision.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has demonstrated a prima facie case with a probability of success to warrant issuance of an interlocutory injunction
Key legal issues
#Whether the Applicant established a prima facie case with probability of success
No prima facie case was established; the Minister's decision on the adjudication appeal stands unchallenged and the Respondents' occupation follows from it
The Applicant conceded the suit parcel was subject to adjudication under the Land Adjudication Act and that the Minister, on appeal, ordered parcel 758 shared between the families of Kioko Ndulani and Matu Ndulani. The Applicant did not disclose when the appeal was decided, the proportions of the sharing, or that he sought judicial review or a constitutional petition against that decision. Since the Respondents moved onto the land pursuant to a valid, unchallenged Ministerial decision, the court found no basis for injunctive relief and dismissed the application.
Legal principles established
#- A party who does not challenge a Minister's decision in land adjudication by judicial review or constitutional petition has no prima facie case to warrant injunctions against implementation of that decision
Court orders
#- 1.The notice of motion dated 30th January, 2026 is dismissed
- 2.No orders as to costs, as the Respondents did not oppose the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Constitution and the Environment and Land Court Act over disputes relating to land parcel LR Makueni/Kilome/758
Relief refused
#Interlocutory injunction restraining the Defendants from interfering with parcel No. LR Makueni/Kilome/758 pending hearing and determination of the suit
The Applicant failed to demonstrate a prima facie case with a probability of success; the land was allocated pursuant to a Minister's appeal decision under the Land Adjudication Act which the Applicant did not challenge by judicial review or constitutional petition
Order directing OCS Kilome police station to assist in enforcement
Follows dismissal of the main application
Costs in the cause
Application dismissed with no orders as to costs
Costs
No orders as to costs - the application was dismissed with no orders as to costs as the Respondents did not oppose the same.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I therefore find no merit in this application which is dismissed with no orders as to costs as the Respondents did not oppose the same. It is so ordered.
If the Respondents have moved to parcel No. 758 pursuant to the Minister's decision and there being no mention whether the Applicant filed judicial review proceedings or constitutional petition, I do not see what prima facie case he has to warrant issuance of injunctive orders against implementation of the Minister's decision.
I must determine whether the Applicant has demonstrated that he has a prima facie case with probability of success.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kioko (On his Behalf and on Behalf of the Estate of the Late Kioko Ndulani) & 2 others v Ndulani & 2 others (Environment and Land Case E002 of 2026) [2026] KEELC 4505 (KLR)", Case Analysis (2026). ELC NO. E002 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4505/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.