Ingosi & 87 others v Kenya Forestry Services & 2 others (Environment & Land Case 479 of 2012) [2023] KEELC 18869 (KLR) (12 July 2023) (Ruling)

Summary at a glance

Facts

The Plaintiffs claim that the defendants are threatening to remove or dispose of their land, which is in danger of being wasted, damaged, or alienated.

Issues

• Whether an injunction should be granted against the defendants.
• Whether the period for suspension of the judgment should be extended for five more years.

Reasoning

The court exercised its discretion to extend the period of suspension of the judgment, balancing the interests of the parties and considering the need to avoid undue regard to procedural technicalities.

Outcome

The court extended the period of suspension of the judgment for a short time.

Orders

• A temporary injunction restraining the defendants, their servants, and/or agents from entering, occupying, tilling, alienating, and/or interfering with the Plaintiffs' use and occupation of the land.
• The court extended the period of suspension of the judgment for a short time to enable the relevant Government agencies to complete the process of allocating land to the Plaintiffs.

Authorities cited