Ojwang v National Irrigation Authority & another (Environment & Land Case E010 of 2022) [2023] KEELC 16552 (KLR) (23 March 2023) (Ruling)

Summary at a glance

Facts

The plaintiff, John Siraduk Ojwang, is the registered proprietor of land parcel Siaya/Nyadorera/B/1976. The defendants, the National Irrigation Authority and the National Land Commission, intended to compulsorily acquire the land. An inspection and assessment on March 11, 2022 led to recommendations that were not yet implemented, causing the plaintiff to be in limbo.

Issues

• Whether the plaintiff has met the threshold to warrant the grant of an order for temporary injunction.

Reasoning

The court found that the plaintiff had not established a prima facie case with a probability of success, and the plaintiff's grievance was not urgent or deserving of protection.

Outcome

Denied

Orders

• The defendants, their agents, servants or assigns are restrained from implementing the recommendations made by the defendants on March 11, 2022, trespassing upon, rerouting, constructing, developing or interfering with the suit property and from harassing, threatening, intimidating or causing disharmony to the plaintiff.

Authorities cited