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ELCDismissedELC Petition No. E002 of 2024

Jacob Muthama Maundu & 2 others v Commissioner, Deputy County Makindu & 3 others; Silvester Kilungya Maweu (Interested Party)

Environment and Land Court of Kenya
24 September 2026
2,294 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Makueni refused to stop a registered landowner from dealing with disputed land because the applicants proved no ownership or possession.

What this practically means

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Executive summary

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The Applicants, co-petitioners in an ELC petition at Makueni, moved the court by Notice of Motion dated 10th November 2025 seeking a temporary injunction restraining the Interested Party from dealing with Plot No. 1012 Kalii Adjudication Section, an order setting aside the 1st Respondent's decision in Appeal to the Minister Case No. 205/2000, and an order of inhibition pending determination of the petition. They contended the 1st Respondent acted ultra vires by revisiting a dispute already determined by a court in Machakos Case No. L63/1972 and by denying them a fair hearing, alleging violations of Articles 40 and 47. The Respondents filed no replies. The Interested Party opposed, asserting the land was lawfully awarded to his late grandfather Maweu Muthiani, who was registered as proprietor, that the Applicants lacked legal interest, and that he was wrongly joined. The court framed two issues: the threshold for conservatory/injunctive orders, and whether setting-aside and inhibition orders could issue at the interlocutory stage. Applying the Munya conservatory-orders test, the Mrao definition of a prima facie case, and Sakwa, the court found the Applicants had adduced no proof of possession or threat of eviction and had demonstrated neither legal nor beneficial interest, while the Interested Party held a registered title. It further held that setting aside the impugned decision was a final remedy unavailable interlocutorily, and there was no basis for inhibition. The application was dismissed with costs.

Questions the Court framed

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

  1. 1.Whether the Applicants have demonstrated the threshold for issuance of conservatory/injunctive orders pending the hearing and determination of the Petition
  2. 2.Whether an order for setting aside of the impugned decision and an order of inhibition may issue at this stage

Key legal issues

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01

Threshold for conservatory/injunctive orders pending petition

Holding

Applicants must show a prima facie case and irreparable injury; they showed neither, having no proven legal or beneficial interest, possession, or threat of eviction

Reasoning

The court applied the Munya conservatory-orders test and the prima facie case definition in Mrao. The Applicants produced the impugned decision but no proof of possession or threat of eviction. The Interested Party produced a title deed in the name of Maweu Muthiani pursuant to the Minister's appeal decision. The court found no conclusive proof of violation of the Applicants' property rights and no demonstrated legal or beneficial interest in the suit property.

p. 7
02

Whether setting aside and inhibition orders may issue at the interlocutory stage

Holding

No - setting aside the impugned decision is a final order requiring full hearing; inhibition had no basis

Reasoning

The court held that the validity of the 1st Respondent's decision is the heart of the petition and cannot be determined on untested, contrasting allegations at an interlocutory stage. Citing Julius Kuria Nganga v Wambui Kigamba, the court noted it is not called upon to determine the very issues with finality at this stage, only whether the applicant deserves the orders on the laid-down criteria.

p. 8

Legal principles established

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  • Setting aside an administrative decision is a final remedy unavailable at the interlocutory stage of a petition

Court orders

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  1. 1.The Notice of Motion dated 10th November, 2025 is dismissed with costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) of the Constitution

Relief refused

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Temporary order of injunction restraining the Interested Party from selling, cutting trees or using Plot No. 1012 Kalii Adjudication Section

Applicants failed to demonstrate a prima facie case, possession, or threat to their occupation

p. 8

Order setting aside the 1st Respondent's decision in Appeal to the Minister Case No. 205/2000

Final orders that can only issue after full hearing of the petition

p. 8

Order of inhibition stopping further dealings over Plot No. 1012 Kalii Adjudication Section

No basis established at the interlocutory stage

p. 8

Costs

The application is dismissed with costs to the Interested Party/Respondents (costs accordingly).

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.

It is therefore the finding of this court that the Applicants have not demonstrated a prima facie case for the issuance of conservatory orders as sought.
p. 8Failure to meet conservatory order threshold
In the end, the application herein is unmerited. It is dismissed with costs accordingly.
p. 8Disposition
The same decision cannot be set aside at an interlocutory stage with contrasting allegations which have not been established.
p. 8Setting aside final administrative decisions at interlocutory stage
Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes, and priority levels attributable to the relevant causes.
p. 5Test for conservatory orders (Munya, quoted)

Issues in the judgment

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material

Impugned decision date inconsistently stated

minor

Affidavit sworn before the motion it supports

minor

Motion dated November 2025 but prayer 4 refers to decision 'delivered on 18th of August 2020'

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, "Jacob Muthama Maundu & 2 others v Commissioner, Deputy County Makindu & 3 others; Silvester Kilungya Maweu (Interested Party)", Case Analysis (2026). ELC Petition No. E002 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5724/eng@2026-09-24

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