Kamumo v Mugo & 6 others (Constitutional Petition E004 of 2023) [2024] KEELC 5495 (KLR) (25 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5495
- Citation
- [2024] KEELC 5495 (KLR)
- Decided
- 25 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureApplication for interim conservatory ordersCoramCK YANO, Ringera
Holding
The court granted the interim conservatory orders.
Facts
The applicant seeks interim conservatory orders to restrain the 4th Respondent from implementing certain directions and decisions, and to prevent the 2nd, 4th, 5th, and 6th Respondents from implementing decisions in appeal cases.
Issues
- Whether the applicant has met the threshold for grant of conservatory orders.
- Whether the appeal or intended appeal is arguable and not frivolous.
Reasoning
The court found that the application was not opposed by the 2nd-7th Respondents and that the applicant met the threshold for grant of conservatory orders.
Outcome
Interim conservatory orders granted
Orders
- Interim conservatory order to restrain the 4th Respondent from implementing the directions of the letter dated 29th of August 2023 from the Land Adjudication and Settlement Department Nairobi.
- Interim conservatory order to restrain the 4th Respondent from implementing the directions of the letter dated 29th of August, 2023 from the Land Adjudication and Settlement Department Nairobi.
- Interim conservatory order to restrain the 2nd, 4th, 5th, and 6th Respondent from implementing the decision of the 4th respondent decision in Appeal to the minister case No. 417 of 2011 relating to parcel No. 537 Kamwimbi Adjudication Section.
- Interim conservatory order to restrain the 2nd, 4th, 5th, and 6th respondent from implementing the decision of the 4th respondent in Appeal case 194 of 2017.
Remedies
- Interim conservatory orders to restrain the 4th Respondent from implementing the directions of the letter dated 29th of August 2023 from the Land Adjudication and Settlement Department Nairobi.
- Interim conservatory orders to restrain the 2nd, 4th, 5th, and 6th Respondent from implementing the decision of the 4th respondent decision in Appeal to the minister case No. 417 of 2011 relating to parcel No. 537 Kamwimbi Adjudication Section.
- Interim conservatory orders to restrain the 2nd, 4th, 5th, and 6th respondent from implementing the decision of the 4th respondent in Appeal case 194 of 2017.
Authorities cited
Legislation (1)
- Constitution of Kenya (protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Cases cited (1)
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others (2014) eKLR
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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