Communist Party of Kenya v Nairobi Metropolitan Services & 3 others; National Environment Management Authority (Interested party) [2021] KEELC 534 (KLR)
- Court
- Environment & Land Court
- Case number
- 534
- Citation
- [2021] KEELC 534 (KLR)
- Decided
- 7 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConservatory Order ApplicationPosturePetition for Conservatory OrderCoramE. K. Wabwoto
Holding
The Petitioner’s application for a conservatory order is allowed.
Facts
Uhuru Park is a park in Nairobi, Kenya, and the Communist Party of Kenya has filed a petition seeking a conservatory order to stop all renovations, cutting down of trees, and works on the park by the Nairobi Metropolitan Services and other respondents.
Issues
- Whether the Petitioner has established a prima facie case to warrant the grant of a conservatory order.
- Whether the conservatory order should be granted to stop all renovations, cutting down of trees, and works on Uhuru Park by the 1st and 2nd Respondents.
Reasoning
The court considered the materials and determined that the Petitioner has made out a prima facie case to warrant the grant of a conservatory order.
Outcome
The Petitioner’s application is allowed.
Orders
- A conservatory order is issued stopping all renovations, cutting down of trees, and any works on Uhuru Park by the 1st and 2nd Respondents either acting by themselves, their agents, or any other person under their instructions.
- The petition shall be heard by way of reliance on the pleadings, affidavit evidence, and written submissions.
- The Respondents and the Interested Party shall file and serve their respective responses to the Petition within 21 days of this ruling.
- Once served, the Petitioner will, within 14 days thereof, file and serve any supplementary responses, if need be, together with written submissions.
- The Respondents and the Interested Party shall thereafter file and serve their written submissions within 14 days of service.
- Matter shall then be fixed for highlighting of submissions to the main petition on a date to be fixed after delivery of this Ruling.
- Each party to bear their own costs of the application.
Remedies
- Conservatory Order
Authorities cited
Legislation (3)
- Article 23 of the Constitution of Kenya, 2010
- Public Finance Management Act, 2012
- Environmental Management and Coordination (Impact Assessment and Audit) Regulations, 2003
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.
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