The Notice of Motion application dated 4th November, 2025 was expressed to be brought pursuant to the provisions of Article 43(1)(b) & (d) of the Constitution of Kenya, sections 1A, 3 and 3B of the Civil Procedure Act Cap 21 Laws of Kenya, Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules and section 103 of the Land Act.
The application seeks orders that: -
(1) The 2nd Respondent be stopped from further alterations, additions, and entries and/or in any way interfering with the records within its registry under KISUMU MUNICIPALITY BLOCK 12/100 pending further orders of the court
(2) that this order be served upon the 2nd Respondent in charge of the Land Registry, the Officer Commanding Nyalenda police station, and the Applicant’s authorized agent to ensure compliance with the order issued by this court and ensure peace is maintained.
(3) Pending hearing and determination of the main suit, the court be pleased to order and grant temporary order of interim injunction against the Respondent by themselves, their agents servants, employees, successors, assigns, personal representatives or any other person in authority especially from interfering with the Applicants peaceful occupation, enjoyment of the subject land KISUMU MUNICIPALITY BLOCK 12/100 and further the Respondent be injuncted from encroaching, trespassing and/or occupying the subject land.
(4) Costs be provided for.
The grounds upon which the application was brought are that the Applicant is the wife and administrator of the estate of James Dennis Akumu, who was the owner of KISUMU MUNICIPALITY BLOCK 12/100 pursuant to a lease of 99 years beginning on 1st January, 1968.
That the 2nd Respondent has inserted the name of the 1st Respondent in the land records as the owner of the suit land.
That transfers in respect of the suit land have been made by the 2nd Respondent illegally and fraudulently. That the acts of the Respondents have threatened the Applicant’s rights over the suit land. That the Applicant has now been locked out of her land.
The application was supported by the averments contained in the Supporting Affidavit sworn by the Applicant on 4th November, 2025.
On 19th February, 2026, timelines were given to parties to file responses/submissions to the application. The 1st Respondent filed a Replying Affidavit, and the applicant filed written submissions, albeit outside the timelines granted.
I have considered the application, the response thereto, and the submissions. The 2nd Respondent, who is claimed to be the one interfering with the records in respect of the suit land, is a non-existent entity known in the application as the County Government of Kenya. Any orders to be issued against it will be in vain.
As regards the prayer for temporary injunction, from the averments in the plaint and Supporting Affidavit, it appears the 1st Respondent has both occupation of the suit land and registration of the same in her name. (see grounds 9, 10, 11, 12, 15, and 17 of the application). In the circumstances, an order of temporary injunction, which is meant to restrain threatened action, is not an appropriate remedy. However, for purposes of preserving the land, as it is the subject matter of the suit, the court hereby makes an order that the status quo of the register in respect of the suit land, obtaining as at the date hereof, be maintained pending hearing and determination of the suit.
Each party shall bear its own costs of the application.
Orders accordingly.
Ruling dated and signed at Kisumu, read this 12th day of March, 2026, virtually through Microsoft Teams Online Application.
E. ASATI,
JUDGE.
In the presence of:
Maureen: Court Assistant.
Ondego for the plaintiff/Applicant.
Omondi h/b for Odeny for the 1st Defendant/Respondent.
Odino h/b for Qeu for the 2nd Defendant/Respondent
| ELC LC E069/2025 RULING Page 2 |