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ELCOtherEnvironment and Land Case Judicial Review Application E004 of 2025

Odando v Land Registrar, Nandi County & 4 others

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

The bottom line

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A Kenyan court refused temporary orders that would have effectively decided the whole land dispute, saying such relief needs exceptional circumstances.

What this practically means

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Executive summary

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This brief ruling by GMA Ongondo, J of the Environment and Land Court at Kapsabet dealt with interim orders in a judicial review application brought by Philip Odando against the Land Registrar, Nandi County and the Attorney General, with three interested parties, concerning LR Nos Nandi/Kapseng'ere/486 and 1096. The substantive motion, filed under sections 8 and 9 of the Law Reform Act, Order 53 of the Civil Procedure Rules, Articles 47 and 50 of the Constitution and the Fair Administrative Action Act, challenged the Land Registrar's decision of 3rd November 2025. The 2nd interested party, appearing in person, sought interim orders that the access road be reopened and that a surveyor revisit the ground and assess the situation pending determination of the substantive motion. The applicant had also sought an interim injunction and restitution of the boundary and access road. The court held that the interim orders sought by the 2nd interested party would have the effect of granting Certiorari and Mandamus, which are the final orders sought in the application, and that there were no exceptional circumstances to justify granting them, applying the Mugenda decision. The court declined the interim relief and directed that judgment on the final prayers be expedited. No costs order was made. The substantive motion remains for determination.

Questions the Court framed

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

  1. 1.Whether interim orders sought by the 2nd interested party (reopening of the access road and a surveyor's revisit of the ground) should be granted pending hearing and determination of the substantive motion

Key legal issues

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01

Whether interim orders mirroring the final prayers (Certiorari and Mandamus) could issue pending the substantive motion

Holding

The court declined to grant the interim orders, holding they would amount to granting the final orders sought and that no exceptional circumstances existed

Reasoning

The 2nd interested party sought interim reopening of the access road and a fresh survey. The court reasoned that these interim orders would have the effect of granting Certiorari and Mandamus, which are the final orders in the application. Citing the Mugenda case, it found no exceptional circumstances justified such interim relief and instead directed expedition of the substantive judgment.

p. 2

Legal principles established

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  • Interim orders that would effectively grant the final relief sought in a substantive motion will not issue absent exceptional circumstances

Court orders

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  1. 1.Interim orders sought at this stage of the application refused/cease for lack of exceptional circumstances
  2. 2.Court to expedite delivery of judgment to deal with the final prayers in the application

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 8 and 9 of the Law Reform Act, Cap 26; Order 53 of the Civil Procedure Rules; Articles 47 & 50 of the Constitution; Fair Administrative Action Act, 2015

Relief refused

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Interim reopening of the access road and a surveyor's revisit of the ground pending determination of the substantive motion

The interim orders sought would effectively grant the final orders of Certiorari and Mandamus, and there were no exceptional circumstances

p. 2

Costs

No costs order made in the ruling

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.

Clearly, the interim orders sought by the 2nd interested party have the eect of granting Certiorari and Mandamus orders which are nal orders sought in the application.
p. 2interim relief mirroring final orders
Accordingly, the court would henceforth expedite delivery of judgment to deal with the nal prayers in the application.
p. 2expedited judgment
It is so ordered.
p. 2final orders

Issues in the judgment

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minor

Prayer refers to parcels Nandi/Kapsengere/481 and 1091 while the matter concerns Nandi/Kapseng'ere/486 and 1096

minor

Application dated 3rd December 2025 but memorandum of appearance dated 3rd November 2025

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, "Odando v Land Registrar, Nandi County & 4 others", Case Analysis (2026). Environment and Land Case Judicial Review Application E004 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5883/eng@2026-09-23

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