Judith Karigu Kiragu & 2 others v County Government of Nairobi; Attorney General & another (Interested Parties) [2021] KEHC 13317 (KLR)
- Court
- High Court of Kenya
- Case number
- 13317
- Citation
- [2021] KEHC 13317 (KLR)
- Decided
- 25 August 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConservation Order ApplicationPostureRespondent's Application DismissedCoramA. C. Mrima, Hon., Ibrahim, Mohamed
Holding
The application is unsuccessful, but the Petition will be heard by relying on affidavits and written submissions.
Facts
The Petition challenges the Nairobi City County Betting, Lotteries and Gaming Act, 2021, claiming it is unconstitutional. The application seeks a conservatory order to prevent the enforcement of the Act.
Issues
- Nature of conservatory orders
- Guiding principles in conservatory applications
- Applicability of principles to the applications
Reasoning
The court found public interest tilts in favor of the Respondent, and the impugned Act should not be suspended at the moment.
Outcome
Application dismissed with costs
Orders
- Notice of Motion dismissed
- Petition to be heard by affidavits and written submissions
- Petitioners to file supplementary response within 14 days
- Respondent and Interested Parties to file submissions within 14 days
- Highlighting of submissions on a suitable date
- Petitioner to serve a copy of the order on Interested Parties within 7 days
Authorities cited
Legislation (1)
- Nairobi City County Betting, Lotteries and Gaming Act, 2021
Cases cited (2)
- Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others (2014) eKLR
- Invesco Assurance Co. Ltd vs. MW (Minor suing thro' next friend and mother (HW) (2016) 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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