Rono & 8 others v Kenya Forest Service & 4 others (Environment and Land Miscellaneous Application E102 of 2024) [2024] KEELC 5247 (KLR) (11 July 2024) (Ruling)

Summary at a glance

Facts

The applicants seek an order of temporary injunction against the respondents to prevent them from tearing down structures, selling, transferring, leasing, allocating land, tampering with, and engaging in any construction within Elburgon and Njoro Divisions in Nakuru County.

Issues

• Whether the subject application is competent/tenable in the absence of a substantive suit to underpin same.
• Whether an order of permanent injunction can issue and/or be granted at the interlocutory stage and in any event on the basis of an application.

Reasoning

The court found that the application for temporary injunction was premature and misconceived, and that the absence of a substantive suit rendered the application for permanent injunction legally untenable.

Outcome

The application is dismissed and the proceedings are struck out.

Orders

• The application for permanent injunction is dismissed.
• The entire proceedings are hereby struck out.

Remedies

• Costs are awarded to the named Respondents.