Shitanda v Governor, Nairobi City County & another; Enterprises (Interested Party) (Environment and Land Petition E041 of 2025) [2025] KEELC 8598 (KLR) (10 December 2025) (Ruling)

Shitanda v Governor, Nairobi City County & another; Enterprises (Interested Party) (Environment and Land Petition E041 of 2025) [2025] KEELC 8598 (KLR) (10 December 2025) (Ruling)

The petitioner failed to provide adequate proof of ongoing or future breach or infringement, and the application was based on speculative threats with no evidence of success or live controversy. The principles for grant of conservatory orders were not satisfied.

Citation
[2025] KEELC 8598 (KLR)
Parties
Petitioner: Henry Namati Shitanda; 1st Respondent: The Governor, Nairobi City County; 2nd Respondent: The County Secretary, Nairobi City County; Interested Party: Kencha Enterprises
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Environment and Land Petition E041 of 2025
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Outcome
application dismissed
Legal Topics
Conservatory Orders, Public Land, Public Participation, Procurement Procedures, Environmental Approvals
Source Language
English
Constitutional Law Environmental Law Land Law Public Procurement Conservatory Orders Public Land Public Participation Procurement Procedures +1 more

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Parties

Henry Namati Shitanda

Petitioner

The Governor, Nairobi City County

1st Respondent

The County Secretary, Nairobi City County

2nd Respondent

Kencha Enterprises

Interested Party

Procedural Posture

Constitutional Petition / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the petitioner has satisfied the principles for grant of conservatory orders
  2. 2 Whether there was unlawful allocation and development of public land without due process

Ratio Decidendi

The petitioner failed to provide adequate proof of ongoing or future breach or infringement, and the application was based on speculative threats with no evidence of success or live controversy. The principles for grant of conservatory orders were not satisfied.

Court Disposition

application dismissed

Orders

  • Notice of Motion dated 4th June 2025 is disallowed
  • Costs will be in the cause