Leruk Murusi & 14 others v County Government of Marsabit & 3 others [2021] KEELC 3193 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether an order for maintenance of status quo could issue notwithstanding that a prior conservatory orders ruling had been delivered
Yes - the earlier ruling of 14.7.2020 did not conclusively deal with the issue, the initial application remains pending, and the interests of justice favoured temporary preservation of the situation on the ground
The court reviewed its record and found the 14.7.2020 ruling left the interim conservatory question unresolved because the matter was at an early stage. Over a year later the application remained unprosecuted due to the Covid-19 pandemic, court-initiated amendment of pleadings and the pending bench empanelment application. Since all pending applications were on hold pending empanelment, preserving the situation as it existed was in the interests of justice, and the court issued the status quo order temporarily.
The legal nature and effect of a status quo order
A status quo order is an ancillary preservation order distinct from an injunction; it requires no proof of right or prima facie case and merely leaves things as they stand pending hearing
Relying on Black's Law Dictionary (8th Edition) and the decision of Murithi J in the Baobab Beach Resort judicial review matter, the court distinguished status quo orders from injunctions. An injunction is a substantive equitable remedy requiring establishment of a right or, interlocutorily, a prima facie case, whereas a status quo order is ancillary, preserving the existing situation pending determination of proceedings, and does not depend on proof of right or prima facie case.
Legal principles established
#- An order for status quo to be maintained differs from an injunction in principles and effect; it is an ancillary order preserving the situation as it exists pending hearing and does not depend on proof of a right or prima facie case.
- A party may revisit the issue of interim status quo where the initial conservatory order application remains pending and undetermined, and where it is in the interests of justice to preserve the situation.
Court orders
#- 1.Status quo be maintained on the ground, on a temporary basis, pending the hearing and determination of the pending applications or until further orders of the court
- 2.The Kenya Defence Forces' occupation as at 22.4.2021 (temporary camp and initial road of access) to remain without further expansion pending determination of the applications
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the land dispute (petition pending before the court; bench empanelment application pending)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leruk Murusi & 14 others v County Government of Marsabit & 3 others [2021] KEELC 3193 (KLR)", Case Analysis (2021). Not stated in the extract (pending application for empanelment of a bench; application dated 22.4.2021; earlier application dated 24.3.2020 and empanelment application dated 25.2.2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3193/eng@2021-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.