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ELCPartially AllowedEnvironment and Land Petition E002 of 2026

Njenga v County Government of Laikipia & another

Environment and Land Court
23 September 2026
893 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nanyuki businessman with valid county approvals won a one-year injunction stopping Laikipia County from enforcing a notice against his welding business.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nanyuki (Mbugua J) determines a Notice of Motion dated 11th June 2026 filed by Kennedy Mwangi Njenga, an applicant operating a welding and metal works business on plot LR No. 2787/1366, Nanyuki Municipality. He sought a temporary injunction restraining the County Government of Laikipia and its CEC Member for Lands from cancelling approvals, evicting or otherwise interfering with his business, a stay of execution of an enforcement notice dated 29th April 2026 requiring him to cease operations, and police assistance to enforce the orders. He relied on change-of-user approvals granted by the County on 11th August 2021 and argued that his statutory appeal under Section 72(3) of the Physical and Land Use Planning Act was futile because Laikipia County lacks a functional County Physical and Land Use Planning Liaison Committee. The respondents filed their responses and submissions late and without proof of service; the court disregarded them, leaving the application unopposed. Applying the principle that an unopposed application is not automatically granted, the court examined the merits, found the applicant held valid approvals, noted the County's failure to explain why it approved change of user in a residential area or detail the complaints, and allowed the application. The injunction and stay were granted for one year, costs of the application to abide the outcome of the suit, with the petition to be heard expeditiously.

Questions the Court framed

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

  1. 1.Whether the applicant has met the criteria for temporary injunction and stay of execution of the enforcement notice dated 29th April 2026
  2. 2.Whether an unopposed application should automatically be allowed
  3. 3.Whether the absence of a functional County Physical and Land Use Planning Liaison Committee justifies the court hearing the matter

Key legal issues

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01

Entitlement to temporary injunction and stay of enforcement notice

Holding

Orders merited where applicant holds valid change-of-user approvals and respondents gave no plausible explanation for issuing the enforcement notice

Reasoning

The court perused approvals granted on 11th August 2021 for change of user from residential to light industrial. The enforcement notice alleged unauthorised activities in a residential area, yet the County itself had granted the change of user and offered no plausible explanation or account of the complaints. With approvals in place, the applicant satisfied the criteria for the orders sought.

p. 2
02

Treatment of unopposed applications

Holding

Unopposed applications are not automatically granted; the court must examine the merits

Reasoning

The respondents' documents were filed out of time and without evidence of service, so were disregarded, leaving the application unopposed. Relying on Gideon Sitelu Konchellah v Julius Lekakeny Ole Sunkuli, the court held it still had an obligation to determine the merits rather than allow the application automatically.

p. 2
03

Failure of statutory appeal mechanism under Section 72(3) of the Physical and Land Use Planning Act

Holding

Absence of a functional County Liaison Committee justified the court hearing the matter fully

Reasoning

The applicant attempted to appeal the enforcement notice under Section 72(3) but found Laikipia County had no functional County Physical and Land Use Planning Liaison Committee. The court found the draft appeal among his documents and held it essential to hear the matter fully so respondents could explain adherence to the statutory framework.

p. 2

Legal principles established

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  • An unopposed application is not automatically allowed; the court must still determine its merits

Court orders

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  1. 1.The application dated 11th June 2026 is allowed
  2. 2.The orders (temporary injunction and stay) shall remain in force for a period of 1 year
  3. 3.The cost of the application shall abide the outcome of the suit
  4. 4.The matter is to be heard expeditiously

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 (Environment and Land Court) - not expressly stated in the judgment; petition filed under the Physical and Land Use Planning Act

Relief refused

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Indefinite/permanent injunctive relief

Orders limited to one year pending full hearing

p. 2

Costs

The cost of the application shall abide the outcome of the suit

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.

Nevertheless the court has an obligation to determine the merits of the case as it is not automatic that an unopposed application should be allowed.
p. 2unopposed applications
As at now the applicant has the approvals for his business and therefore I find that the orders sought for are merited.
p. 2temporary injunction
Thus the application dated 11th June 2026 is allowed but the orders shall remain in force for a period of 1 year. The cost of the application shall abide the outcome of the suit and the matter is to be heard expeditiously.
p. 2final orders

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, "Njenga v County Government of Laikipia & another", Case Analysis (2026). Environment and Land Petition E002 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5797/eng@2026-09-23

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