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ELCPartially AllowedEnvironment and Land Case E099 of 2025· [2026] KEELC 6175 (KLR)

Nasinya Peak Hotel Limited v Tinega & another

Environment and Land Court
24 September 2026
JOJudy Omange
1,396 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered hotel owners who locked out their tenant to undo the lockout within 30 days, confirming that self-help evictions are unlawful.

What this practically means

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Executive summary

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This interlocutory ruling by the Environment and Land Court at Kajiado (Omange J) determined two applications in a dispute over suit properties Kajiado/Kisaju/7938, 9150, 9151, 9152, 9154 and 9155, where the Plaintiff hotel company claims leases and occupation. The second application, seeking to restrain the firm of Gatheru Gathemia & Co from acting for the Plaintiff due to prior representation of the 2nd Defendant in a family matter, was rendered moot by a filed notice of change of advocates. The court therefore dealt only with the Plaintiff's application dated 4th August 2025. The Plaintiff alleged that after the death of Samson Mokaya Tinega, the 1st Defendant threatened it, trespassed and vandalised the premises to eject it, while the 2nd Defendant failed to protect it. The Defendants denied any share transfer or director changes, contending the late Samson was too ill to execute a lease, and argued no prima facie case was proved. Framing the sole issue as whether the orders sought were warranted, the court applied Order 40 Rule 1 of the Civil Procedure Rules and the Giella and Nguruman principles. It held that the disputed shareholding was not decisive; the key question was tenancy or consensual occupation. Photographs of locked premises, a contested lease and mpesa rent payments established prima facie occupation, and the Defendants' locking and welding of the gate dispossessed the Plaintiff without lawful process, justifying injunctive relief. The application was allowed: Defendants restrained from interfering with the Plaintiff's occupation pending hearing; orders to lapse after one year unless delay is attributable to the Defendants; a mandatory injunction to undo the complained acts within 30 days; continued rent remittance or deposit in a joint interest-earning account; costs to abide the outcome of the suit.

Key legal issues

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01

Whether interlocutory injunctive orders were warranted

Holding

Yes - the Plaintiff established a prima facie case of possession and occupation, and the Defendants' locking and welding of the gate dispossessed it without lawful process

Reasoning

The court held the disputed shareholding transfer was not decisive; the real question was the tenancy or consensual occupation. Photographs of locked premises, a contested lease and mpesa rent payments showed occupation immediately before the complained acts. Self-help dispossession without court order met the stringent conditions for a mandatory injunction, with expeditious hearing directed under the overriding objective.

p. 3
02

Whether validity of the lease and share transfer could be determined interlocutorily

Holding

No - these are matters for trial

Reasoning

The lease was seriously contested and its validity could only be determined after full hearing. The precise legal nature and duration of the tenancy likewise could not be finally determined at the interlocutory stage; only the alteration of the prevailing state of possession mattered for the application.

p. 3

Legal principles established

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  • A registered proprietor must regain possession only through lawful process; self-help dispossession otherwise than through a court order justifies a mandatory injunction

Court orders

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  1. 1.The Defendants are restrained from interfering with the Plaintiff's occupation of the suit property pending the hearing and determination of the suit
  2. 2.The orders shall remain in place for a period of one year to allow completion of the case, failing which they shall lapse unless delay is occasioned by the Defendants, in which case the court may extend them
  3. 3.A mandatory injunction is issued directing the Defendants to undo the acts complained of within 30 days
  4. 4.The Plaintiff is to continue to remit rent; failing agreement on modalities, rent to be deposited in a joint interest-earning account
  5. 5.Costs shall abide outcome of the suit

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 Rule 1(a) and (b)
  • Civil Procedure ActSections 1A and 1B

Cases cited (3)

  • Giella Vs Cassman Brown & Company Limited
    [1973] E.A. 358

    Settled principles for grant of interlocutory injunctions: prima facie case, irreparable injury, balance of convenience

  • Nguruman Limited Vs Jan Bonde Nielsen & 2

    Requirements of a prima facie case: clear and unmistakable right, material and substantive invasion, urgent necessity

  • Kenya Breweries Limited & Another v Washington O. Okeyo
    (2002) KECA

    Conditions for issuance of a mandatory injunction

Jurisdiction invoked
Order 40 Rule 1(a) and (b) of the Civil Procedure Rules; Sections 1A and 1B of the Civil Procedure Act

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, "Nasinya Peak Hotel Limited v Tinega & another", Case Analysis (2026). Environment and Land Case E099 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6175/eng@2026-09-24

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