Maloi Ole Kiu & 90 others v Mara Siana Conservancy Limited; Narok County Government (Interested Party) [2022] KEELC 1295 (KLR)
The bottom line
#A Kenyan court blocked Mara Siana Conservancy from signing new land leases until a community landowners' case is heard, protecting local landowners' rights.
What this practically means
#Executive summary
#Key legal issues
#Whether conservatory orders should issue restraining the Respondent from signing and registering new leases over Mara Siana Conservancy land
The application was merited; conservatory orders issued pending the hearing and determination of the petition, preserving the substratum of the petition and not disturbing prior leases
The dispute over 3,000 acres forming part of the conservancy, a dispersal area of the Maasai Mara National Reserve, bears public law connotation. The Applicants raised legitimate concerns of non-payment, lack of public participation and absent lease terms amounting to a prima facie case. They proved likely prejudice to their property rights, and if new leases were signed the petition would be overtaken by events. Public interest also favoured preserving community relations and tourism.
Whether the land owners hold a legitimate expectation of participation in decisions affecting their holdings in the conservancy
Yes - having surrendered private land for the public function of wildlife conservation, they are entitled to knowledge of and participation in decisions affecting their individual holdings
The land owners voluntarily surrendered portions of their private property for a public conservation function, for a consideration. The court held that this creates a legitimate expectation that decisions affecting their individual holdings be made with their knowledge and participation, supporting the finding of likely prejudice if new leases were executed without consultation.
Legal principles established
#- Conservatory orders bear a public law connotation and should be granted on the inherent merit of the case, bearing in mind public interest and constitutional values
- An applicant for conservatory orders must demonstrate an arguable prima facie case with likelihood of success, likely prejudice, risk that the petition is rendered nugatory, and public interest considerations
- Real danger for conservatory relief must be imminent, true and actual, not remote or fictitious
Court orders
#- 1.Conservatory Orders issued restraining the Respondent from signing any new lease agreements within Siana Conservancy and/or registering any leases in respect to Mara Siana Conservancy pending the hearing and determination of the Petition
- 2.The Conservatory Order does not affect previous leases signed and registered prior to the Notice of Motion
- 3.Application dated 17.01.2019 allowed with no orders as to costs
- Jurisdiction invoked
- Original constitutional petition jurisdiction (Bill of Rights enforcement - alleged violations of right to property, information and public participation) with the court's power to grant conservatory orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maloi Ole Kiu & 90 others v Mara Siana Conservancy Limited; Narok County Government (Interested Party) [2022] KEELC 1295 (KLR)", Case Analysis (2022). Petition dated 17th January 2019 (Notice of Motion dated 17.01.2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1295/eng@2022-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.