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ELCPartially AllowedNot stated in judgment (associated cause ELCEPJR/E008/2025 - Patrick Ndung'u Chege vs. Kenya Urban Roads Authority)

Nguo & another (For Dagoretti District Landowners Welfare Association-Ngando Chapter) v KURA & 9 others (Environment and Land Petition E043 of 2025) [2025] KEELC 7869 (KLR)

Environment and Land Court
13 November 2025
3,719 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~15 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (A. Omollo, J) determined a Notice of Motion dated 26th October 2025 filed within a petition by an association of land owners along Mama Wahu road, Dagoretti. The Petitioner challenged demolition notices dated 26th September 2025 and a survey report which, it alleged, sought to convert part of its members' private parcels into public utility land without due process, compensation, or public participation, in breach of Articles 10, 27, 40, 47, 48, 53 and 73 of the Constitution. The Petitioner sought conservatory orders and injunctions restraining the Respondents, including Kenya Railways Corporation, from demolitions, fencing and construction pending determination of the Petition, citing disruption to two schools hosting approximately 173 learners sitting national examinations. The 1st, 5th and 7th Respondents justified the road expansion project, relying on a 15-metre road reserve per the Registry Index Map and noting encroachments and a stakeholder consultation meeting of February 2025. The 2nd and 3rd Respondents argued the application failed the Anarita Karimi Njeru precision test. The court applied the Supreme Court's three-pronged test for conservatory orders: arguability, nugatory aspect and public interest. It found the Petition arguable, held damages could compensate for demolished property, but found public interest favoured limited relief to allow affected children time to arrange alternative schooling. The application was allowed only for four months: a conservatory order restraining the 1st, 5th and 7th Respondents from interfering with the parcels, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether conservatory orders or a temporary injunction should be issued restraining the Respondents from proceeding with demolitions in the notices dated 26th September, 2025 targeting the private properties of members of the Petitioner along Mama Wahu road in Dagoretti Sub County

Key legal issues

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01

Arguability of the Petition

Holding

The Petition is arguable; the Petitioner alleged violations of rights to property, fair administrative action and education, and the wheels of justice tilt in allowing the case to be heard before demolitions proceed

Reasoning

The court applied the Dock Workers Union standard that arguability does not require interrogation of merit or definitive findings. The Petitioner alleged violation of Article 40 (property), Article 47 (fair administrative action) and Article 53 (education) rights arising from the survey report and demolition notices, and the denial of participation in the stakeholder meeting of 27th February 2025. These allegations were sufficient to render the Petition arguable.

p. 8
02

Whether the Petition would be rendered nugatory if the orders are not granted

Holding

The court found that damages would suffice to compensate for destroyed property, and the Respondents would be saved unnecessary expenditure if the status quo were maintained

Reasoning

Applying Haki na Sheria Initiative, the court assessed reversibility and compensability. It concluded that damages would be an adequate remedy for demolition of property if the Petition succeeded, while the Respondents would avoid wasting public funds if the status quo was maintained pending determination. This finding somewhat cut against granting conservatory relief but was balanced against the public interest limb.

p. 8
03

Whether public interest lies in granting the conservatory orders

Holding

Public interest lies in granting the orders to give the affected school children sufficient time to arrange alternate schools

Reasoning

The court noted the demolitions would affect two schools hosting approximately 173 learners sitting national examinations. Although schools resume in January and children could be transferred, public interest favoured granting the orders to allow affected children sufficient time to arrange alternative schooling, and to allow the Petitioner to verify boundaries and value properties.

p. 9

Legal principles established

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  • Conservatory orders are public-law orders granted on the inherent merit of a case, bearing in mind public interest, constitutional values and proportionate magnitudes, and the three conditions of arguability, nugatory aspect and public interest must all be met
  • An arguable case need not necessarily succeed; even one arguable point suffices
  • On the nugatory aspect, the concern is whether what is sought to be stayed is reversible or, if irreversible, whether damages will reasonably compensate the aggrieved party

Court orders

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  1. 1.A conservatory order restraining the 1st, 5th and 7th Respondents, their servants, agents or assigns from entering upon, making, fencing, demolishing, excavating, constructing, alienating or in any other manner interfering with the Petitioners' parcels of land described in paragraph 36 of the Petition dated 26th October, 2025 for a period of FOUR (4) Months from the date hereof
  2. 2.Costs of the application shall be in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Constitution of Kenya, 2010 (petition alleging violations of Articles 10, 27, 40, 47, 48, 53 and 73)
Consolidated with
ELCEPJR/E008/2025 (Patrick Ndung'u Chege vs. Kenya Urban Roads Authority) - consolidation requested by 2nd and 3rd Respondents; no order recorded in this ruling

Relief refused

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Conservatory/injunction orders pending hearing and determination of the Petition (open-ended duration) and injunction against the 4th Respondent, Kenya Railways Corporation

The court granted the conservatory orders only for a limited period of four months instead of pending determination of the Petition, and the orders issued were directed at the 1st, 5th and 7th Respondents only

p. 9

Costs

Costs of the application shall be in the cause.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

A conservatory order be and is hereby issued restraining the 1st, 5th and 7th Respondents, their servants, agents or assigns from entering upon, making, fencing, demolishing, excavating, constructing, alienating or in any other manner interfering with the Petitioners' parcels of land described in paragraph 36 of the Petition dated 26th October, 2025 for a period of FOUR (4) Months from the date hereof.
p. 9Final orders - conservatory order for a limited period
Costs of the application shall be in the cause.
p. 9Costs order
In light of the foregoing analysis, I hold that the application dated 26th October, 2025, is partly merited. Therefore, the same is allowed but for a limited period set by this court of four months instead of pending determination of the Petition.
p. 9Disposition - application allowed but time-limited
Conservatory orders bare a more decided public-law connotation: for they are orders that facilitate orderly functioning within public agencies, as well as uphold the adjudicatory authority of the Court in the public interest.
p. 7Nature of conservatory orders (quoting Gatirau Peter Munya vs. Dickson Mwenda Kithinji)

Issues in the judgment

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minor

Date of the impugned survey report is inconsistently given as 7th June, 2025 and 7th July, 2025 in different paragraphs

minor

Date of the stakeholder meeting is inconsistently given as 25th February, 2025 and 27th February, 2025

minor

The survey report is also referred to as dated 6th June, 2025 by the 2nd and 3rd Respondents

minor

Oral submissions recorded as having been made on '26th October, 2025', the same date as the filing of the application and Petition

minor

List of affected parcels in the ruling (paragraph 1) does not correspond to the list the court later analysed (e.g. parcel 6819 appears in the analysis but not in the opening list; 7120 and 560 appear only in the opening list)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nguo & another (For Dagoretti District Landowners Welfare Association-Ngando Chapter) v KURA & 9 others (Environment and Land Petition E043 of 2025) [2025] KEELC 7869 (KLR)", Case Analysis (2025). Not stated in judgment (associated cause ELCEPJR/E008/2025 - Patrick Ndung'u Chege vs. Kenya Urban Roads Authority). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7869/eng@2025-11-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.