Kenya Small Scale Farmers Forum v Cabinet Secretary Ministry of Education, Science and Technology & 5 others [2015] KEHC 2109 (KLR)
- Court
- High Court of Kenya
- Case number
- 2109
- Citation
- [2015] KEHC 2109 (KLR)
- Decided
- 19 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetition for conservatory ordersCoramJ.L. ONGUTO
Holding
The application is dismissed.
Facts
The Petitioner alleges that the Government of Kenya is about to allow for the importation of Genetically Modified Organisms (GMOs) and the Deputy President stated that discussions to lift the ban had been concluded and that the Government would support scientists in research.
Issues
- Whether the court may grant conservatory orders to maintain the current state of affairs regarding the ban on GMOs.
- Whether the Petitioner has made out a prima facie case with a likelihood of success to warrant the grant of conservatory orders.
Reasoning
The court finds that the Petitioner has not made out a prima facie case with a likelihood of success and that the circumstances are not exceptional to demand the court's intervention through a conservatory order.
Outcome
The application is dismissed.
Orders
- A conservatory order prohibiting the Respondents from lifting the ban on Genetically Modified Organisms (GMOs) until the Petition is heard and determined.
Remedies
- The Respondent be ordered not to lift the ban on Genetically Modified Organisms (GMOs) before there is sufficient notifications and wide consultation with persons especially farmers at the county and sub-county levels throughout the country.
Authorities cited
Legislation (1)
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Cases cited (2)
- Satrose Ayuma & 11 Others –v- Registered Trustees of Kenya Railways Staff Benefits Scheme [2011] eKLR
- Martin Nyaga Wambora –v- Speaker of the County Assembly of Embu & 3 Others HCCP No. 7 of 2014
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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