(1) On the 7 th day of August 2026, the Notice of Motion dated 5 th August 2026 which was filed by the Applicants under Certificate of Urgency was certified urgent by this Court. This Court further directed that the Application, the Petition, and the Order of this Court dated 7 th August 2026, be served upon the Respondent not later than the 12 th day of August 2026 and a Return of Service be filed at the earliest opportunity. In addition, this Court directed that the Respondent files and serves its response in respect to both the Petition and the said Application, not later than the 26 th day of August 2026 and that both sides do file and exchange their respective written Submissions.
(2) In the said Order, this Court appointed this day, the 10 th day of August 2026, for inter-partes hearing of the said Application.
(3) Today, the Advocate representing the Applicants, Ms. Odwa, appeared, but there was no appearance of the Respondent. Further, on the CTS platform, this Court found no evidence of any response filed by the Respondent.
(4) In the circumstances, Counsel for the Applicants argued oral Submissions and moved this Court to grant prayer 3 in the said Notice of Motion.
(5) Having considered the Affidavit of Service sworn by Anne Halwenge Odwa, Advocate, on the 10 th day of September 2026, this is Court is persuaded that the Respondent was duly served.
(6) This Court is alive to principle that even in circumstances where an Application is undefended or unopposed, it cannot be granted by a Court of law ex debito justitiae, since it must be scrutinized against the prevailing law governing Applications of that nature.
(7) Having subjected the Application to the principles governing temporary injunctions including the principles which define the purposes served by such temporary injunctive reliefs, and having further addressed my judicial mind to both the oral Submissions prosecuted by learned Counsel representing the Applicants and the written Submissions dated 9 th September 2026, this Court finds the Application merited.
(8) Accordingly, prayer 3 of the Notice of Motion dated 3 rd August 2026 are granted. Prayer 3 is granted on the footing that it is a prohibitory temporary injunction as opposed to a mandatory temporary injunction. Since a prohibitory temporary injunction is prospective and effective from the date of this Ruling, it follows that it shall not be enforced in the manner contemplated by mandatory temporary injunctions which sometimes undo acts or omissions retrospectively.
(9) Costs of this Application shall abide by the outcome of the Petition.
(10) Mention on the 2 nd day of November 2026 for Case Management Conference, at 9.00 am.
(11) The Applicants are directed to extract and serve this Order within a period of 5 days.
Virtually Delivered, Signed and Dated in ELC Eldoret this 10 th day of September 2026
…………….…………
C.N. Ondieki
Judge
In the presence of:
Advocate for the Petitioners/Applicants: Ms. Odwa
Respondent: No Appearance
Court Assistants: Ms. Chepkoech and Ms. Juma
Page 2 of 2
(2) In the said Order, this Court appointed this day, the 10 th day of August 2026, for inter-partes hearing of the said Application.
(3) Today, the Advocate representing the Applicants, Ms. Odwa, appeared, but there was no appearance of the Respondent. Further, on the CTS platform, this Court found no evidence of any response filed by the Respondent.
(4) In the circumstances, Counsel for the Applicants argued oral Submissions and moved this Court to grant prayer 3 in the said Notice of Motion.
(5) Having considered the Affidavit of Service sworn by Anne Halwenge Odwa, Advocate, on the 10 th day of September 2026, this is Court is persuaded that the Respondent was duly served.
(6) This Court is alive to principle that even in circumstances where an Application is undefended or unopposed, it cannot be granted by a Court of law ex debito justitiae, since it must be scrutinized against the prevailing law governing Applications of that nature.
(7) Having subjected the Application to the principles governing temporary injunctions including the principles which define the purposes served by such temporary injunctive reliefs, and having further addressed my judicial mind to both the oral Submissions prosecuted by learned Counsel representing the Applicants and the written Submissions dated 9 th September 2026, this Court finds the Application merited.
(8) Accordingly, prayer 3 of the Notice of Motion dated 3 rd August 2026 are granted. Prayer 3 is granted on the footing that it is a prohibitory temporary injunction as opposed to a mandatory temporary injunction. Since a prohibitory temporary injunction is prospective and effective from the date of this Ruling, it follows that it shall not be enforced in the manner contemplated by mandatory temporary injunctions which sometimes undo acts or omissions retrospectively.
(9) Costs of this Application shall abide by the outcome of the Petition.
(10) Mention on the 2 nd day of November 2026 for Case Management Conference, at 9.00 am.
(11) The Applicants are directed to extract and serve this Order within a period of 5 days.
Virtually Delivered, Signed and Dated in ELC Eldoret this 10 th day of September 2026
…………….…………
C.N. Ondieki
Judge
In the presence of:
Advocate for the Petitioners/Applicants: Ms. Odwa
Respondent: No Appearance
Court Assistants: Ms. Chepkoech and Ms. Juma
Page 2 of 2