https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9656
The court found that, based on the motion, supporting affidavit, and oral submissions, the application failed to meet the threshold required for conservatory orders, and therefore the requested restraint on implementation of Gazette Notice No. 5586 was declined.
Source-derived case information.
- Citation
- [2026] KEHC 9656 (KLR)
- Parties
- Petitioner: Dorcas Wangari; Respondent: State Law Office
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E013 of 2026
- Procedural Posture
- Constitutional Petition / Interlocutory Application for Conservatory Orders
- Outcome
- Application dismissed
- Judges
- ["MA Odero"]
- Legal Topics
- Conservatory Orders, Gazette Notice Challenge, National Youth Council Elections, Threshold for Interim Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Wangari
Petitioner
State Law Office
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application for Conservatory Orders
Legal Issues
- 1 Whether the Petitioner satisfied the threshold for grant of conservatory orders pending inter partes hearing and determination of the petition
- 2 Whether implementation of Gazette Notice No. 5586 should be halted in relation to National Youth Council elections
Ratio Decidendi
The court found that, based on the motion, supporting affidavit, and oral submissions, the application failed to meet the threshold required for conservatory orders, and therefore the requested restraint on implementation of Gazette Notice No. 5586 was declined.
Court Disposition
Application dismissed
Orders
- Conservatory orders declined
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Wangari v State Law Office (Constitutional Petition E013 of 2026) [2026] KEHC 9656 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KEHC 9656 (KLR) Republic of Kenya In the High Court at Nyeri Constitutional Petition E013 of 2026 MA Odero, J July 3, 2026 Between Dorcas Wangari Petitioner and State Law Office Respondent Ruling 1.Before this Court for consideration is the Notice of Motion dated 22nd June 2026 by which the Petitioner Dorcas Wangari seeks the following orders:-“1.Spent.2.Pending the inter partes Hearing of this application; a Conservatory Order do issue saying/halting the implementation of the Gazette Notice No. 5586 issued by the Cabinet Secretary for Youth Affairs, Creative Economy and Sports, in so far as it applies to the Elections of Council Members of the National Youth Council;3.Pending the Hearing and Determination of this Petition; a Conservatory Order do issue staying/halting the implementation of the Gazette Notice No. 5586 issued by the Cabinet Secretary for Youth Affairs, Creative Economy and Sports, in so far as it applies to the Elections of Council Members of the National Youth Council;4.Costs be in the Cause.” 2.The Respondents despite having been properly served did not enter appearance and did not file any reply to the application. 3.Due to the short time span between the hearing of the application and Ruling date (one (1) day) the court will issue an Ex tempore Ruling. 4.I have considered the Notice of Motion, the Supporting affidavit as well as the oral arguments made by counsel. In my view the application does not meet the threshold required for conservatory orders. In the premises I decline to grant the conservatory orders sought. No orders on costs. A reasoned Ruling will be uploaded onto the CTS within twenty one (21) days. DATED IN NYERI THIS 3RD DAY OF JULY 2026.……………………MAUREEN A. ODEROJUDGE