Njenga v County Government of Laikipia & another
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant has met the criteria for temporary injunction and stay of execution of the enforcement notice dated 29th April 2026
- 2.Whether an unopposed application should automatically be allowed
- 3.Whether the absence of a functional County Physical and Land Use Planning Liaison Committee justifies the court hearing the matter
Key legal issues
#Entitlement to temporary injunction and stay of enforcement notice
Orders merited where applicant holds valid change-of-user approvals and respondents gave no plausible explanation for issuing the enforcement notice
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.
Treatment of unopposed applications
Unopposed applications are not automatically granted; the court must examine the merits
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.
Failure of statutory appeal mechanism under Section 72(3) of the Physical and Land Use Planning Act
Absence of a functional County Liaison Committee justified the court hearing the matter fully
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.
Legal principles established
#- An unopposed application is not automatically allowed; the court must still determine its merits
Court orders
#- 1.The application dated 11th June 2026 is allowed
- 2.The orders (temporary injunction and stay) shall remain in force for a period of 1 year
- 3.The cost of the application shall abide the outcome of the suit
- 4.The matter is to be heard expeditiously
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#Indefinite/permanent injunctive relief
Orders limited to one year pending full hearing
Costs
The cost of the application shall abide the outcome of the suit
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.
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.
As at now the applicant has the approvals for his business and therefore I find that the orders sought for are merited.
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.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.