REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELCA NO E005 OF 2025
MICHAEL KARIUKI GACHENGA & 6 OTHERS............APPELLANTS
VERSUS
NAOMI WANGUI KIMUHU & 7 OTHERS.......................RESPONDENTS
RULING
In the Application dated 14/4/2026 by the Applicants, the orders prayed for are as follows: -
1. Spent
2. That pending the hearing and determination of this Application inter partes, the Court do issue orders of Injunction restraining the Respondents from entering the parcel NYANDARUA/ NJABINI/ 9187, 9130, 9149, 9131, 9132, 9165, 9150, 9151, 9163, 9164, 9137, 9186, 9167, 9168, 9134, 9152, 9166, 9133, 9172, 9182, 9177 and 9191without a survey indicating the beacons of each parcel.
3. That pending the hearing of this Application, here be orders of injunction restraining the Respondent’s from destroying the crops on the parcels NYANDARUA/NJABINI/ 9187, 9130, 9149, 9131, 9132, 9165, 9150, 9151, 9163, 9164, 9137, 9186, 9167, 9168, 9134, 9152, 9166, 9133, 9172, 9182, 9177 and 9191
4. That the Court do visit the site and confirm if there are beacons existing on the parcels NYANDARUA/NJABINI/9187,9130, 9149, 9131, 9132, 9165, 9150, 9151, 9163, 9164, 9137, 9186, 9167, 9168, 9134, 9152, 9166, 9133, 9172, 9182, 9177 and 9191
The Application was grounded on the following:-
a. The Court ordered the counsel for the Applicant and the Respondent to visit the ground at a date to be agreed upon.
b. Without a visit by counsel and their clients, the Respondents invaded the Applicants homestead, destroyed crops and closed down a house and destroyed the fence surrounding the Applicant’s homestead.
c. That the Respondents caused the arrest of the 3rd Applicant who was arraigned in Court.
d. That the OCS Karangatha Police Station has written to the Njabini sub-county Agricultural Officer to access the wanton destruction of the Applicants’ property.
e. That without a surveyor placing beacons on the parcels subject mater in the Appeal it is impossible to point out each parcel of land on the ground.
f. That unless the Court gives directions in this case, there is the possibility of other criminal acts being carried out by parties herein which will disturb peace.
These are the grounds on the face of the Application reinforced in the Supporting Affidavit of Naomi Wangui Kimuhu of even date and that the Court in Nakuru High Court Case No. 232 of 2012 (OS) had specifically indicated that a surveyor visits the ground and establish the beacons on the ground which he has never done. It is also lamented that the Respondents have refused to visit the land and have started agitating for charges against the 1st Appellant’s son and also destroying the gate and fence as well as buildings.
In a Replying Affidavit sworn on 23/4/2016 by Michael Kariuki Gachenga, the 1st Respondent on behalf of all the Respondents the said Michael claims that the Application is meant to restrain the Respondents from entering into the land as ordered by this Court to be theirs where they are registered owners and that there are beacons placed on the land.
In the Further Affidavit of Naomi Wangui Kimuhu sworn on 6/4/2026, she said she had not leased out the land or any part thereof.
I have gone through the submissions of counsel and whereas I find that this Court is functus officio, I would advise the parties on their own to engage a surveyor to come and show them the beacons on the ground. Otherwise the Judgment and Decree of 13/11/2025 still stands unless otherwise set aside by a more superior Court.
Ruling read, signed and delivered at Nyandarua this 16th Day of July, 2026.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson
Appellant’s Counsel: Mr Wahome.
Respondent’s Counsel: Ms. Njoroge.
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