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ELCDismissedNot stated in judgment (Notice of Motion dated 5/03/2025)

Pwani Feeds Limited v Murang’a Farmers Co-operative Union Ltd & 2 others (Environment and Land Case E037 of 2025) [2026] KEELC 4514 (KLR)

Environment and Land Court (implied by suit property dispute; judgment styled at Thika)
15 July 2026
2,039 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 Thika court dismissed a company's bid to block its eviction and force a financial audit, ruling it failed to prove its case and owed rent while subletting the property.

What this practically means

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Executive summary

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This interlocutory ruling by Mogeni J at Thika determines a Notice of Motion dated 5/03/2025 by Pwani Feeds Limited, the plaintiff, against the 1st Defendant landlord and Zenith (V) Management Limited, the 2nd Defendant. The plaintiff, alleging it was a tenant since 2015 and that it paid the 1st Defendant Ksh 58,925,218 towards a sale of Thika Municipality Plot No. 4953/679 which failed for want of a title deed, sought temporary injunctions against eviction, and an order compelling a full financial audit and disclosure of the rent offset agreement and records from 2016. It alleged the 1st Defendant unilaterally reduced the offset balance from its maintained figure to Ksh 28,432,752, increased rent from Ksh 125,000 to Ksh 350,000, and engaged the 2nd Defendant to demand purported arrears of Ksh 12,885,790.29, threatening eviction in breach of Article 40. The 1st Defendant, through its CEO Irene Kabochi, denied any sale, challenged the acknowledgment letter, asserted a Ksh 32,632,752 offset under the October 2015 lease, and alleged subletting to Fair Nuts Limited and deep rent arrears. Framing three issues under the Giella and Nguruman sequential tests, the court found no prima facie case, no demonstrated irreparable injury, and balance of convenience favouring the owner. It dismissed the application entirely, vacated interim orders, refused the audit prayer (reserving it for trial), awarded costs to the 1st Defendant, and referred the parties to a pre-trial conference on 21/07/2026.

Questions the Court framed

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

  1. 1.Whether the Plaintiff/Applicant has established a prima facie case with a probability of success
  2. 2.Whether the Applicant stands to suffer irreparable injury in the absence of Court intervention, in whose favor the balance of convenience tilts
  3. 3.Whether an order for a full financial audit and disclosure can be properly granted at this interlocutory stage

Key legal issues

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01

Prima facie case

Holding

No prima facie case established; the alleged sale of Ksh 58,925,218 lacked a written agreement or proof of payment, and the claim was conjectural despite an admitted Ksh 32,632,752 offset

Reasoning

The court applied the Mrao definition of a prima facie case. While the applicant pointed to an admitted financial arrangement, the 1st Defendant showed no written sale agreement or proof of the alleged purchase price existed. The expired lease and the applicant's unauthorized subletting and rent arrears undermined any apparently infringed right warranting protection by injunction.

p. 4
02

Irreparable injury and balance of convenience

Holding

Irreparable injury not demonstrated; balance of convenience favours the property owner because the applicant sublet the property and owes substantial rent arrears

Reasoning

The applicant claimed catastrophic business loss from disruption of its manufacturing facility, but evidence showed it had sublet to Fair Nuts Limited and was collecting rent while defaulting on its own obligations. Equity, per Giella v Cassman Brown, denies relief to a party with unclean hands; an injunction to a non-occupying defaulting tenant would unjustly enrich it and prejudice the owner's right to levy distress.

p. 4
03

Financial audit and disclosure at interlocutory stage

Holding

Refused; a full audit is a substantive remedy reserved for trial

Reasoning

The court held that compelling a full financial audit and disclosure of the rent offset agreement and records from 2016 would require exhaustive examination of disputed documents, which cannot be done on affidavit evidence at an interlocutory stage. The issue was expressly reserved for determination during the plenary hearing of the main suit.

p. 4

Legal principles established

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  • The lapse of a lease during the pendency of a suit does not extinguish an underlying financial and possessory dispute if the court was moved while the interest was live
  • The balance of convenience cannot favour an applicant who approaches the court with unclean hands
  • An interlocutory injunction should not be granted where it would prematurely determine the substantive suit

Court orders

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  1. 1.The Plaintiff/Applicant's Notice of Motion Application dated 5/03/2025 be and is hereby dismissed in its entirety
  2. 2.The interim orders of appearance or temporary injunction holding the status quo pending the determination of this application be and are hereby vacated
  3. 3.The prayer seeking a full financial audit and disclosure at this interlocutory stage is denied, with the issue reserved for determination during the plenary hearing of the main suit
  4. 4.The costs of and incidental to this application are awarded to the 1st Defendant/Respondent
  5. 5.Parties are referred to the Deputy Registrar for Pre-trial Conference on 21/07/2026

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 40 Rules 1, 2, 3 and 4 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act; Article 40 of the Constitution of Kenya

Relief refused

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Temporary injunction restraining eviction/interference with Thika Municipality Plot No. 4953/679

Applicant failed the sequential Giella/Nguruman criteria: no prima facie case established, in breach by unauthorized subletting and rent arrears, and balance of convenience favours the property owner

p. 4

Order compelling full financial audit and disclosure of the rent offset agreement and financial records from 2016 to date

It is a substantive remedy requiring exhaustive examination of disputed documents, not grantable at interlocutory stage

p. 4

Costs

The costs of and incidental to this application are awarded to the 1st Defendant/Respondent.

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.

The Plaintifi/Applicant’s Notice of Motion Application dated 5/03/2025 be and is hereby dismissed in its entirety.
p. 5Disposition - dismissal of the application
The interim orders of appearance or temporary injunction holding the status quo pending the determination of this application be and are hereby vacated.
p. 5Vacation of interim orders
The costs of and incidental to this application are awarded to the 1st Defendant/Respondent.
p. 5Costs
the balance of convenience tilts heavily in favor of the property owner's right to protect its investment and levy distress for rent
p. 5Balance of convenience
the prayer for a full financial audit and complete disclosure cannot be granted at an interlocutory stage because it constitutes a substantive remedy
p. 4Audit and disclosure refused at interlocutory stage

Issues in the judgment

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minor

Internal date inconsistencies: submissions dated 2026 (3/03/2026 and 12/02/2026) pre-date discussion yet the application is dated 5/03/2025, and the ruling is delivered 15/07/2026

minor

Submissions are described as 'useful in enabling me make this final decision' although the matter is an interlocutory application

minor

Text of prayers refers to injunction 'pending the hearing and final determination of this suit' but is rendered as 'pending the hearing and final determination of this application' in prayer (iv)

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, "Pwani Feeds Limited v Murang’a Farmers Co-operative Union Ltd & 2 others (Environment and Land Case E037 of 2025) [2026] KEELC 4514 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 5/03/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4514/eng@2026-07-15

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