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ELCDismissedNot stated in the judgment (Petition with Notice of Motion dated 26th September 2025)· [2026] KEELC 663 (KLR)

Naikuni v Chairman Board of Trustee Purko Development Trust - Seleila Ole Mwanik & 3 others (Environment and Land Petition E013 of 2025) [2026] KEELC 663 (KLR)

Environment and Land Court
12 February 2026
5,357 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Narok refused to stop a completed lease of community land, saying such orders cannot undo what has already happened.

What this practically means

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Executive summary

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The Petitioner, a self-described member of the Purko Community and of the Purko Development Trust General Assembly, moved the Environment and Land Court at Narok by a Notice of Motion dated 26th September 2025 seeking interim conservatory orders restraining the 1st, 2nd, 3rd and 4th Respondents from leasing community land known as Cis-Mara/Entiani/1, held in trust by Purko Development Trust. He complained that the 1st Respondent had advertised a tender to lease 500 acres of the trust land on 8th August 2025 without approval of the General Assembly, without public participation, in breach of the Purko Trust Deed, procurement and environmental requirements, and in violation of Articles 10, 47 and 63 of the Constitution. The 1st and 3rd Respondents, the 2nd Respondent (the Trust CEO), and the 4th Respondent (Freshcrop Limited) opposed the application. The 1st and 3rd Respondents maintained the leasing was procedural and approved by Board resolutions, with only 207 acres leased at Kshs. 40,000 per acre. The 2nd Respondent supported the application, alleging the lease was against the community's wishes and that Board processes were ignored. The 4th Respondent argued it lawfully won a competitive tender and that the Petitioner lacked locus standi. Applying the principles in Board of Management of Uhuru Secondary School and Gatirau Peter Munya, the court found the Petitioner had no community authority to sue, had not established a prima facie case with likelihood of success, and that conservatory orders could not issue against a completed lease of 207 acres. The application was dismissed entirely with costs to the 1st, 3rd and 4th Respondents, and the main Petition was directed to proceed to hearing expeditiously.

Key legal issues

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01

Threshold for grant of conservatory orders

Holding

The Petitioner failed to demonstrate a prima facie case with likelihood of success, that the Petition would be rendered nugatory, or that the orders were warranted in the public interest.

Reasoning

Applying the Board of Management of Uhuru Secondary School principles and Gatirau Peter Munya, the court found the Petitioner had not established any violation of his rights, had no community authority to sue, and the lease of 207 acres had already been completed, so the orders would serve no purpose.

p. 10
02

Conservatory orders and completed acts

Holding

Conservatory orders cannot issue against an event that has already happened; they are prospective remedies to preserve the status quo.

Reasoning

The court noted that the 4th Respondent had already leased 207 acres of the suit land. Issuing conservatory orders to restrain a completed leasing would be an academic exercise, since the court retains power, after hearing the main Petition, to cancel the lease if the action is found wanting.

p. 10
03

Locus standi / authority to represent a community

Holding

The Petitioner produced no authority from the members of the Purko Community authorizing him to institute the Petition and seek conservatory orders on their behalf.

Reasoning

Although the Petitioner claimed to act on behalf of the Purko Community, no resolution or mandate was exhibited. The court also noted the Board had labelled him a proxy of the suspended CEO, raising the question whether he was a dissatisfied member rather than a community representative.

p. 9

Legal principles established

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  • A conservatory order cannot quash a decision or undo an event that has already been fully completed, being inherently prospective and meant to preserve the status quo.

Court orders

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  1. 1.The Notice of Motion Application dated 26th September 2025 is dismissed entirely with costs to the 1st, 3rd and 4th Respondents
  2. 2.The parties to prepare the main Petition for hearing, and the same to be heard expeditiously
Jurisdiction invoked
Articles 22, 23(1), 165 of the Constitution of Kenya, 2010

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, "Naikuni v Chairman Board of Trustee Purko Development Trust - Seleila Ole Mwanik & 3 others (Environment and Land Petition E013 of 2025) [2026] KEELC 663 (KLR)", Case Analysis (2026). Not stated in the judgment (Petition with Notice of Motion dated 26th September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/663/eng@2026-02-12

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