Sacco & 4 others v Kenya Railways Corporation & another; Karen Lang’ata District Association & another (Interested Parties) (Environment and Land Petition E003 of 2026) [2026] KEELC 897 (KLR) (20 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 897
- Citation
- [2026] KEELC 897 (KLR)
- Decided
- 20 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConservatory OrdersPostureApplication for Conservatory OrdersCoramMN KULLOW
Holding
The Petitioners' Notice of Motion is hereby dismissed for lack of merit.
Facts
The Petitioners are Matatu Savings and Credit Cooperative Societies and seek conservatory orders to prevent Kenya Railways Corporation and Nairobi City County Government from constructing a railway line near the Karen Roundabout.
Issues
- Whether the Petitioners have satisfied the legal threshold for the grant of conservatory orders.
- Who should bear the costs of the application.
Reasoning
The Court found that the Petitioners have not demonstrated a prima facie case, real prejudice, or infringement of constitutional rights. The Respondents have presented evidence of a public infrastructure project and existing conservatory orders.
Outcome
The Petitioners' application is dismissed.
Orders
- The Petitioners' Notice of Motion dated 26th January 2026 is hereby dismissed for lack of merit.
- The costs of the Application shall be in the cause.
Remedies
- None
Authorities cited
Legislation (3)
- Environment and Land Court Act
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (5)
- Judicial Service Commission -Vs- Speaker of the National Assembly & Another [2013] eKLR
- Abdullahi Mohammed Farah & 3 Others -Vs- County Government of Mandera & Another [2021] eKLR
- Mrao Ltd. -Vs- First American Bank of Kenya Ltd. & 2 Others [2003] eKLR
- Isaiah Luyara Odando & Another -Vs- Kenya Revenue Authority & 6 Others [2022] eKLR
- Giella -Vs- Cassman Brown & Co. Ltd (1973) EA 358
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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