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Case Brief · caselaw.co.ke
ELCAllowedELCL Constitutional Petition No. E005 of 2026

John Muthama Wasusana & 3 Others v Association of Sisterhood of Kenya – Registered Trustee & 2 Others

Environment and Land Court
24 September 2026
MMM.D. Mwangi
959 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kajiado court has stopped further construction on disputed Ngong land until the full case is heard, protecting neighbours' environmental claims.

What this practically means

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Executive summary

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This is an interim ruling by the Environment and Land Court at Kajiado in a constitutional petition by four petitioners alleging that the 1st respondent's ongoing development on Plot NGONG/NGONG/11054 was approved without due process and violates their property rights, the Article 42 right to a clean and healthy environment, and the Article 47 right to fair administrative action. The petitioners' notice of motion dated 14th August 2026 sought restraining orders pending the petition. The court certified urgency on 21st August 2026 but declined interim relief until respondents responded, and gave time-bound directions for service, responses and an inter partes hearing on 22nd September 2026. Service was effected on 25th September 2026; the 1st respondent, having filed a replying affidavit on 18th September 2026, did not comply with the direction to file responses within 10 days of service, rendering the inter partes hearing impossible. The 1st respondent raised a misdescription of the suit property (11054 versus 110541); the petitioners admitted the inadvertent error and applied to correct it. Holding that interim orders preserve the status quo without deciding rights, and noting that construction was ongoing, the court issued interim orders stopping any further construction by the 1st respondent on the suit property, under either description, pending hearing and disposal of the pending applications, and directed expedited hearing. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the court should issue interim conservatory orders restraining ongoing construction on the suit property pending hearing of the pending applications

Key legal issues

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01

Whether interim orders should issue to halt ongoing construction pending inter partes hearing

Holding

Interim orders issued restraining further construction on the suit property pending hearing and disposal of the pending applications

Reasoning

The court invoked rule 23(1) of the 2013 Practice and Procedure Rules empowering it to hear applications for conservatory or interim orders, plus its inherent jurisdiction. It noted construction was ongoing per the 1st respondent's replying affidavit, and that interim orders preserve the status quo without deciding rights. In the interest of justice it stopped further construction pending the applications' disposal.

p. 5

Legal principles established

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  • Interim orders do not decide the rights of parties; they preserve the status quo pending determination

Court orders

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  1. 1.Interim orders stopping any further construction by the 1st respondent on the subject property NGONG/NGONG/11054, alias NGONG/NGONG/110541, pending hearing and disposal of the applications filed in the case
  2. 2.Directions to facilitate expedited hearing and disposal of the applications

The bench

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

MM
majority

Wrote the judgment

Jurisdiction invoked
Articles 22 and 23 of the Constitution; rule 23(1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

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.

Interim orders do not decide the rights of parties; they are made for the purposes of keeping things in status quo till the rights of parties can be decided or in this instance, pending the inter partes hearing of the applications.
p. 5Nature of interim orders
It is so ordered.
p. 6Disposition
considers it appropriate and in the interest of justice to issue interim orders to stop any further construction being undertaken by the 1st respondent on the subject property
p. 5Interim injunction granted

Issues in the judgment

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minor

Typographical error in date of scheduled inter partes hearing

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, "John Muthama Wasusana & 3 Others v Association of Sisterhood of Kenya – Registered Trustee & 2 Others", Case Analysis (2026). ELCL Constitutional Petition No. E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5927/eng@2026-09-24

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