Pius & 2 others (Suing on for and on behalf of Twenty-Eight Members of Barechu Self Help Group) v China State Construction Engineering Corporation (Kenya) Limited & 2 others; County Government of Isiolo (Interested Party) (Environment and Land Case E001 of 2023) [2025] KEELC 5165 (KLR) (3 July 2025) (Judgment)

Summary at a glance

Facts

The Plaintiffs brought a suit on behalf of the Barechu Self Help Group seeking a permanent injunction and compensation for use of the suit property, which was claimed to be community land held on trust by the County Government of Isiolo.

Issues

• Whether the Plaintiffs have proved their case for a permanent injunction and compensation.
• Whether the 3rd Defendant has proved its counterclaim.

Reasoning

The court found that the Plaintiffs and the 3rd Defendant have not proven their respective cases.

Outcome

Appeal dismissed

Orders

• The Plaintiffs' case is dismissed.
• The 3rd Defendant's counterclaim is dismissed.
• The Suit Property is declared to be Community Land held on trust by the County Government of Isiolo.
• Costs of the Plaintiffs' suit are awarded to the Defendants and Interested Parties.
• Costs of the Counterclaim are awarded to the Plaintiffs/1st Defendant.

Remedies

• Declaration of Suit Property as Community Land held on trust by the County Government of Isiolo.

Authorities cited