Board of Management, Ngara Girls High School & another v Erdemann Property Limited & another; Ministry of Education (Interested Party) (Constitutional Petition E066 of 2024) [2025] KEELC 95 (KLR)
The bottom line
#Kenya's Environment and Land Court suspended a company's operations near Ngara Girls High School, prioritising students' health and environmental rights over property claims.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to conservatory orders pending determination of the petition
Conservatory orders granted suspending the 1st Respondent's operations on the suit property, guided by the Gatirau Munya principles, the precautionary principle and public interest in the health of students and staff.
The court applied the principles in Board of Management of Uhuru Secondary School and Gatirau Peter Munya: prima facie case, enhancement of constitutional values, nugatory risk and public interest. It also invoked the precautionary principle under Section 18(a)(vi) of the Environment and Land Court Act and Section 3(5)(f) of EMCA. Given the alleged noise and dust affecting the school, public interest favoured conservatory orders.
Trespass claim
The trespass question was not determined at the interlocutory stage; it is reserved for trial with full evidence and cross-examination.
The court held that whether the 1st Respondent is trespassing after expiry of the lease is a factual dispute requiring substantive evidence, cross-examination and rebuttal evidence, and thus cannot be conclusively determined on affidavit material in an interlocutory application.
Legal principles established
#- Conservatory orders should be granted on the inherent merits of the case bearing in mind public interest, constitutional values and proportionate magnitudes
- In an interlocutory application the court makes no conclusive findings of fact or law on contradictory affidavit evidence
Court orders
#- 1.Conservatory order issued in terms of prayer 3 of the Petitioners' application dated 8th August 2024, suspending the operations of Erdemann Property Limited on L.R. No. LR 209/136/239/R, pending the hearing and determination of the petition
- 2.Costs of the application shall be in the cause
- 3.The matter, touching on environmental rights, to be heard on a priority basis
- Jurisdiction invoked
- Constitution of Kenya, 2010 and Environment and Land Court Act, Section 18
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Board of Management, Ngara Girls High School & another v Erdemann Property Limited & another; Ministry of Education (Interested Party) (Constitutional Petition E066 of 2024) [2025] KEELC 95 (KLR)", Case Analysis (2025). Petition dated 2024 (application dated 8th August 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/95/eng@2025-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.