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ELCDismissedNot stated in the judgment· [2021] KEELC 784 (KLR)
John Nyarangi & 6 others v County Government of Uasin-Gishu; Hillary Tororei (Interested Party) [2021] KEELC 784 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling by the Environment and Land Court at Eldoret (Obaga J) on a Notice of Motion dated 1st November 2020 in which Applicants, residents of Kambi Mawe/Kambi Miwa Settlement Scheme in Turbo township, Uasin-Gishu County, sought conservatory orders restraining the County Government of Uasin-Gishu from evicting, alienating, reallocating or interfering with their occupation of the suit land, pending determination of a petition alleging violation of their constitutional rights. The Applicants claimed occupation since the 1950s, payment of business permits to the County, and alleged that the Respondent allocated the land to the Interested Party, a private developer, following which their structures were demolished. The Respondent countered that the land is unallocated public land reserved for County Council of Wareng Residential Houses, that it cannot be allocated, and that structures were demolished for want of approvals under the Physical and Land Use Planning Act. The Interested Party asserted he is the registered owner of LR No.6938/118, purchased from Rajab Kipkosgey, that the Applicants are his tenants, and that the demolished structures encroached on a road reserve. The court framed a single issue: whether the Applicants made out a case for conservatory orders. Applying CREW v Attorney General and Peter Munya v Dickson Mwenda, the court held the Applicants failed to demonstrate a prima facie case: the suit land is unallocated public land, the Interested Party holds title to his adjacent property, and it was not the Interested Party who demolished the structures. The application was dismissed with no order as to costs, the court noting the Applicants appeared to litigate on behalf of many families affected by the demolitions.
Key legal issues
#01
Whether the Applicants established a prima facie case with likelihood of success and real danger of prejudice warranting conservatory orders
Holding
No conservatory orders were granted because the Applicants did not demonstrate a prima facie case
Reasoning
The Respondent demonstrated that the suit land is public land reserved for County Council of Wareng Residential Houses and has not been allocated to any party. The Interested Party demonstrated title over his adjacent parcel, LR No.6938/118, purchased from Rajab Kipkosgey. The Applicants' occupation lacks title, business permits do not confer ownership, and the structures demolished were said to encroach on a road reserve. The court found no prima facie case or real danger of constitutional violation warranting conservatory relief.
p. 2
Legal principles established
#- A party seeking a conservatory order need only demonstrate a prima facie case with likelihood of success and real danger of prejudice from a violation or threatened violation of the Constitution
- Conservatory orders are granted on the inherent merits of the case, bearing in mind the public interest, constitutional values and proportionate magnitudes, and are distinct from interlocutory injunctions
Court orders
#- 1.The Applicants' Notice of Motion dated 1st November 2020 seeking conservatory orders is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Not expressly stated; the court entertained a petition for violation of constitutional rights and an interlocutory application for conservatory orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Nyarangi & 6 others v County Government of Uasin-Gishu; Hillary Tororei (Interested Party) [2021] KEELC 784 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/784/eng@2021-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.