Ogiek Council of Elders, Narok Chapter (Suing on their own behalf and on behlaf of the Ogiek of Maasai Mau Forest) v Attorney General & 2 others (Environment & Land Petition E005 of 2023) [2024] KEELC 1649 (KLR)
The bottom line
#Kenya's High Court dismissed Ogiek community conservatory orders because identical protection already existed from the Nakuru Environment and Land Court, warning against forum shopping.
What this practically means
#Executive summary
#Key legal issues
#Whether conservatory orders should issue against evictions of the Ogiek community in Sasimuani area of Maasai Mau Trust Land
The application for conservatory orders was refused because the petitioner had already obtained conservatory orders in Petition E001 of 2023 before the ELC Court in Nakuru covering the entire Mau Forest Complex including Sasimuani area, and failed to disclose the outcome of that application; the parallel pursuit of identical relief in this court constituted forum shopping.
The court accepted the public-law character of conservatory orders as described in Gatirau Peter Munya and Katiba Institute, and found the application one for such consideration. However, the petitioner's further affidavit acknowledged conservatory orders granted by the ELC in Nakuru covering the Mau Forest Complex including Sasimuani area, with the application still pending hearing. The petitioner did not disclose what transpired there. Granting identical relief would embarrass the court and permit forum shopping among courts of concurrent jurisdiction.
Legal principles established
#- A litigant cannot pursue parallel conservatory relief in courts of concurrent jurisdiction; non-disclosure of the status of a similar pending application justifies refusal of orders
Court orders
#- 1.The Notice of Motion Application dated 3rd November, 2023 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Articles 22, 23(3)(c) and 258 of the Constitution of Kenya, 2010; Rules 23 and 24 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice Directions, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogiek Council of Elders, Narok Chapter (Suing on their own behalf and on behlaf of the Ogiek of Maasai Mau Forest) v Attorney General & 2 others (Environment & Land Petition E005 of 2023) [2024] KEELC 1649 (KLR)", Case Analysis (2024). Constitutional Petition (Notice of Motion dated 3rd November, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1649/eng@2024-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.