Nyandigisi & 2 others (Suing as the Personal Representatives of Johnson Nyandigisi Maoga) v Kenya National Highways Authority (KeNHA) (Environment and Land Case E027 of 2025) [2026] KEELC 1700 (KLR) (25 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1700
- Citation
- [2026] KEELC 1700 (KLR)
- Decided
- 25 March 2026
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramD. O. OHUNGO
The Court grants a permanent injunction restraining the Defendant from interfering with the Plaintiffs' proprietary rights over the suit property.
Facts
The Plaintiffs, as personal representatives of Johnson Nyandigisi Maoga, claim to be the sole proprietors of a plot of land known as Kiberigo Market Plot No. 34. They have erected a petrol station and other permanent structures on the land for over forty years. The Defendant, Kenya National Highways Authority, issued a demolition notice to the Plaintiffs, claiming encroachment on the road reserve.
Issues
- Ownership of the plot of land
- Validity of the demolition notice
- Permanent injunction against the Defendant
Reasoning
The Plaintiffs established a prima facie case that they have not encroached on the road reserve. The threat of demolition of their property makes damages an inadequate remedy, and the Court finds merit in the prayer for an injunction.
Outcome
The Plaintiffs' application for an injunction is granted.
Orders
- An injunction is granted pending the hearing and determination of the suit
Remedies
- Permanent injunction
Authorities cited
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