Golden Fields Association v County Government of Kajiado & 4 others (Environment and Land Petition E001 of 2024) [2025] KEELC 5195 (KLR)

The court held that the application regarding the already approved spatial plan was seemingly overtaken by events, and that whether public participation was adequate is a matter for the full hearing. As to the intended special spatial planning, the court declined to injunct a government from performing its constitutional and statutory mandate where no violation or deviation from the law had been cited.

The court held that allegations of physical assault, unlawful arrest and malicious prosecution are not matters within its jurisdiction under Article 162(2)(b) and Section 13 of the Environment and Land Court Act, though the directive itself concerns land use and is within its jurisdiction. Its constitutionality or otherwise would be considered upon the hearing of the petition, not at the interlocutory stage.

Applying the principles from Munya and other authorities that conservatory orders are granted on the inherent merit of a case bearing in mind public interest and constitutional values, the court found the petitioners had not made a case for conservatory orders or temporary injunctions. It nevertheless noted the public interest nature of the litigation and undertook to expedite the hearing through case management directions.