SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Leruk Murusi & 14 others v County Government of Marsabit & 3 others [2021] KEELC 3193 (KLR)

[2021] KEELC 3193 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
3193
Citation
[2021] KEELC 3193 (KLR)
Decided
26 May 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order granting a status quo injunctionCoramMurithi
Holding

The court issues an order for status quo to be maintained on the ground that it is in the interests of justice.

Facts

The petitioners sought an order for status quo to be maintained pending the hearing and determination of the pending applications. The court had previously dealt with the issue of interim conservatory orders.

Issues

  1. The petitioners' request for an order for status quo to be maintained pending the hearing and determination of the pending applications.
  2. The distinction between an order for status quo and an injunction.

Reasoning

The court finds that the petitioners' request for an order for status quo is justified given the ongoing nature of the proceedings and the need to preserve the status quo pending the hearing and determination of the pending applications.

Outcome

The court issues an order for status quo to be maintained.

Orders

  • Order for status quo to be maintained

Remedies

  • Status quo maintained

Authorities cited

Legislation (3)
  • Community Land Act 2016
  • Wildlife and Conservation Act 2013
  • Constitution of Kenya Protection of Rights and Fundamental Freedoms Practice and Procedure Rules
Cases cited (1)
  • Mombasa Misc. Civil Application (JR) No.26 of 2010 Republic –vs- The Chairperson Business Premises Rent Tribunal at Mombasa (Bench Mochache) Exparte Baobab Beach Resort
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case