Real Estate Stakeholders Association v County Government of Kiambu & 2 others
The bottom line
#The Environment and Land Court lifted interim protection for Kiambu developers, ruling the association failed to prove its claims with actual evidence.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case for maintenance of the conservatory order
No prima facie case; the evidential material did not link the impugned planning changes to the alleged infringement or delay
The Applicant failed to annex the ISUDPs and Draft County Spatial Plan whose legality is impugned, so the Court lacked primary material to assess the alleged changes. Correspondence established that applications were made but not that refusal or delay was attributable to the planning changes; the connection was inferred rather than demonstrated.
The character and test for conservatory orders
Conservatory orders preserve the constitutional space pending determination; they are granted on inherent merit, public interest and constitutional values
Following the Supreme Court in Munya and Onguto J in Board of Management of Uhuru Secondary School, the Court framed the inquiry as whether the prima facie case, prejudice, constitutional values, substratum and public interest warrant interim preservation, without deciding the constitutional questions in advance.
Legal principles established
#- A prima facie case for conservatory relief requires more than an arguable claim; the threat of infringement must be demonstrated, not inferred by conjecture
- Conservatory orders are public-law remedies granted on inherent merit, public interest and constitutional values, not private-law irreparable harm considerations
Court orders
#- 1.The Notice of Motion dated 26th November 2025 is dismissed
- 2.The interim conservatory order is vacated
- 3.Costs shall be in the cause
- Jurisdiction invoked
- Article 23(3) of the Constitution (conservatory relief in constitutional petitions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Real Estate Stakeholders Association v County Government of Kiambu & 2 others", Case Analysis (2026). Constitution Petition No. E009 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5839/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.