Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedPetition (application dated 4th May 2017)· [2017] KEELC 2620 (KLR)

Sigma Phi Investments Limited v Inspector General of the National Police Service & another [2017] KEELC 2620 (KLR)

Environment and Land Court
29 June 2017
KBK. BOR
441 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan landowner blocked police harassment of its construction site by getting court conservatory orders against state officers.

What this practically means

#

Executive summary

#
The Petitioner, a limited liability company claiming lawful ownership of L.R. No.209/11434 on Masaai Road off Mombasa Road, Nairobi, moved the court by notice of motion dated 4th May 2017 seeking conservatory orders pending the hearing and determination of its petition. It sought to restrain the Respondents, their officers, agents and complainants from threatening, intimidating, harassing or interfering with its quiet and peaceful use, ownership, possession, development and construction of the Suit Property, and further sought an order compelling the Respondents to disclose the full names of the complainant and the nature of the complaint. In support, Catherine Wangari, a Manager of the Petitioner, deponed that on 25th April 2017 armed Administration Police officers arrived at the site where the Petitioner's contractor, Juja Blocks Ltd, was constructing; the officers demanded access to conduct a search without displaying a court order or identifying themselves, alleged an ownership dispute, and demanded that construction stop and that the Petitioner's agents report to the Deputy County Commissioner of Police at Wilson Airport police station with ownership documents. The Petitioner characterised these actions as unlawful, unconstitutional harassment and intimidation and expressed fear of harm. Interim conservatory orders were granted ex parte on 11th May 2017. Although served for the inter partes hearing fixed for 21st June 2017, the Respondents neither filed papers nor appeared. Considering the uncontroverted material, K. Bor J held it was in the interest of justice to grant prayers 4, 5 and 6 of the application. The court did not state a costs order.

Key legal issues

#
01

Whether conservatory orders should issue pending determination of the petition

Holding

The court granted the conservatory orders sought, holding it was in the interest of justice to do so in circumstances where armed Administration Police officers allegedly harassed the Petitioner and halted construction without displaying a court order.

Reasoning

The Petitioner deponed through its Manager, Catherine Wangari, that it is the lawful owner of the Suit Property and that armed Administration Police officers arrived on 25th April 2017, demanded access without displaying a court order or identifying themselves, claimed there was an ownership dispute, and demanded that construction stop. The Respondents were served with the inter partes hearing notice but did not file any papers or appear. On the material placed before it, the court found it in the interest of justice to grant prayers 4, 5 and 6 of the notice of motion dated 4th May 2017.

p. 2

Legal principles established

#
  • A party alleging harassment and interference with quiet enjoyment of land by state officers may obtain conservatory orders pending the hearing of its petition.

Court orders

#
  1. 1.Prayers 4, 5 and 6 of the application dated 4th May 2017 granted
Jurisdiction invoked
Original constitutional/petition jurisdiction of the Environment and Land Court (provisions not expressly stated in the extract)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Sigma Phi Investments Limited v Inspector General of the National Police Service & another [2017] KEELC 2620 (KLR)", Case Analysis (2017). Petition (application dated 4th May 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2620/eng@2017-06-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.