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Kenya decisions
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KR v SKK [2025] KEHC 10420 (KLR)
The High Court at Eldoret certified a matrimonial application as urgent, declined ex parte conservatory orders, and directed service and inter partes hearing.
Mwangi v Directorate of Criminal Investigations & another; Tegeret (Interested Party) [2025] KEHC 10510 (KLR)
The court found that the applicant failed to establish a prima facie case with a likelihood of success or demonstrate that the issuance of conservatory orders was necessary to preserve the substratum of the dispute. The investigations were initiated following a formal complaint and were within the respondents' lawful mandate. The applicant had participated in the process, including recording a statement and submitting documents. Allegations of malice and procedural unfairness were not substantiated. The court emphasized that the mere fact of being under investigation or being released on cash…
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Oucho & 2 others v Opiyo & 4 others [2025] KEELC 5306 (KLR)
The court dismissed a petitioners’ motion for conservatory and prohibitory orders over land parcel 1960, finding no prima facie case and noting prior related litigation.
M’Ngondu & another (Suing as the Legal Representatives of M’Ngondu M’Mucheke – Deceased) v Deputy County Commissioner – Igembe North & 3 others; M’Atheru (Interested Party) [2025] KEELC 5377 (KLR)
The court found that the applicants met the criteria for leave to amend the petition under rule 18 of the Constitutional Practice and Procedure Rules, as the amendments were sought before hearing commenced and any prejudice to the interested party could be compensated by costs. However, the plea for a status quo (conservatory) order was declined as it constituted an abuse of process: the applicants had previously sought and been denied similar conservatory relief, and the proper recourse for dissatisfaction with that ruling was an appeal, not a repeat application. The court emphasized that it…
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Namonyo v County Director Ministry of Education & 3 others [2025] KEHC 10020 (KLR)
The High Court declined conservatory orders in a school rugby dispute after finding the application had been overtaken by events.
Leitich v Mwangi [2025] KECA 1279 (KLR)
The Court of Appeal dismissed a fresh application for conservatory orders, holding that after a non-attendance dismissal the proper course was reinstatement under rule 58, not repeated filings.
Patel v Shah [2025] KECA 1259 (KLR)
The Court of Appeal dismissed an application for stay and conservatory orders, holding that a negative High Court ruling could not be stayed and that conservatory relief was unavailable.
Ismail & 2 others v Governor, County Government of Mandera & 2 others [2025] KEELRC 2028 (KLR)
The court found that the petitioners had sufficiently particularised the alleged constitutional violations and the factual context, thus meeting the threshold for pleading constitutional claims. However, the court held that the petitioners had not established a prima facie case for grant of conservatory orders restraining further recruitment actions, as the allegations of favouritism and discrimination were not supported by evidence on record, particularly in the absence of the requested recruitment information. The court determined that the right to access information under Article 35 of the…
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Bamburi Wananchi Cooperative Savings and Credit Society Limited & 26 others v Attorney General & 45 others [2025] KEELC 5090 (KLR)
The Environment and Land Court dismissed a motion for conservatory orders and referral to a multi-judge bench in a land dispute involving alleged squatter encroachment.
Kingola & 3 others (Suing as the Legal Representatives of the Estate Of Rhoda Ndunge Kingola - Deceased) v Chief Executive Officer, Mater Misericordiae Hospital & another; Commission on Administrative Justice (Interested Party) [2025] KEHC 9887 (KLR)
The High Court struck out a miscellaneous constitutional application seeking preservation of information, holding that constitutional jurisdiction must be invoked by petition, not motion.
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