Wesonga Jakoyah, Mutembei Marete Kigen Cheruiyot T/A Wesonga, Mutembei & Kigen Advocates v Monyaka Investments Limited
The bottom line
#A Nairobi court reinstated temporary protection for tenants facing eviction, but only if they clear all rent arrears within ten days.
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 Applicants have provided sufficient cause to extend the orders for status quo issued on the 5th February 2026
- 2.Whether the compliance period given of 15 days should be extended
Key legal issues
#Sufficient cause for extension of lapsed status quo orders
No sufficient cause established; the Applicants should have sought extension before lapse of the 15 days and showed no goodwill in settling arrears
The status quo orders were conditional on settling rental arrears within 15 days. The Applicants knew of the condition, failed to comply, and the orders lapsed automatically on 20th February 2026. The explanation that the Respondent failed to bank cheques was unconvincing, as unbanked cheques do not amount to payment, and no sums were deposited to demonstrate commitment.
Nature and purpose of interim status quo orders
Status quo orders preserve the subject matter pending determination and confer no proprietary or possessory rights
The court articulated the purpose of interim orders: to preserve the subject matter and prevent actions that would render the eventual determination nugatory. Such orders do not determine rights, which explains why reinstatement could be granted on fresh conditions without prejudicing the appeal.
Landlord's entitlement to vacant possession upon valid termination notice
The Respondent, having obtained an order to vacate in the lower court, is entitled to vacant possession; the arrears owed are undisputed
The sufficiency of the termination notice was dealt with by the lower court in MCELC 282 of 2025, where the Applicants were ordered to vacate, prompting this appeal. The court noted the arrears are undisputed and the Applicants remained in occupation after a requested 6-month notice period had lapsed without settling any arrears.
Legal principles established
#- An interim status quo order preserves the subject matter of proceedings, determines no rights and confers no proprietary or possessory rights
- Under Order 51 Rule 6 of the Civil Procedure Rules the court may extend time for compliance with its orders even after the time has lapsed
Court orders
#- 1.The status quo orders issued on 5th February 2026 are reinstated conditional on terms
- 2.The Respondent is to provide a statement of account to the Applicants who are to settle all the arrears within the next ten (10) days failure to which the status quo orders shall automatically lapse
- 3.The Applicants are to continue paying rent pending the determination of this appeal
- 4.Costs of the application shall abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Lower court (Chief Magistrate's Court, MCELC 282 of 2025)
- MCELC 282 of 2025
- Jurisdiction invoked
- Appeal to the Environment and Land Court; inherent and statutory power under Order 51 Rule 6 of the Civil Procedure Rules to extend time for compliance with its orders
Relief refused
#Unconditional reinstatement of status quo orders
Reinstatement granted only on conditions; the excuse of unbanked cheques was unconvincing and no goodwill in settling arrears was shown
Extension of the original 15-day compliance period as sought
Court substituted a fresh 10-day conditional compliance period rather than extending the lapsed 15 days
Costs
Costs of the application shall abide the outcome of the appeal.
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.
The purpose of an interim status quo order is to preserve the subject matter of proceedings pending hearing of the parties and determination of the issues raised before the Court.
Such an order is not a determination of the rights of the parties and does not confer any proprietary or possessory rights upon either party.
Under Order 51 Rule 6 of the Civil Procedure Rules, the court has power to extend time within which its orders ought to have been complied even after the lapse of the time.
That the status quo orders issued on the 5th February 2026 are hereby reinstated conditional on the following terms;
That the Respondent is to provide a statement of account to the Applicants who are to settle all the arrears within the next ten (10) days failure to which the status quo orders shall automatically lapse.
Issues in the judgment
#Application date stated inconsistently
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wesonga Jakoyah, Mutembei Marete Kigen Cheruiyot T/A Wesonga, Mutembei & Kigen Advocates v Monyaka Investments Limited", Case Analysis (2026). ELCLA E110 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6090/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.