1. The petitioner/applicant filed this petition together with certificate of urgency and Notice of Motion dated 25th June, 2025.
2. The court directed that physical service be effected within 3 days upon the respondents.
3. Today, the court has confirmed that service was effected as directed as is evidenced by the affidavit of MICHAEL KIOKO MUNGUTI sworn on 1st July, 2025.
4. The court had directed that upon service, the respondents file their responses within 3 days. No response has been filed or any attendance made to this court today by any of the respondents.
5. The petitioner/applicant has renewed the application for conservatory order and further filed supplementary affidavit lamenting the inconvenience caused by the blocking of public roads by the 1st respondent without prior notice to the public on 7th July, 2025.
6. It has been stated that the public was without notice prevented for reaching their places of work, ambulances could not access hospitals and courts were forced to adjourn for lack of witnesses and court staff could not access their places of work, all because public roads were blocked and this was without any prior notice.
7. The respondents have failed to respond to these facts.
8. In the circumstances, the request for grant conservatory order as per the Notice of Motion dated 25th June, 2025 is thus merited as it will serve to ensure that the public is not inconvenienced without prior notice whenever the 1st respondent decides to block public roads to prevent access.
9. I thus grant the following order pending the hearing and determination of this application:
“That pending the hearing and determination of this application, a conservatory order is hereby issued restraining the 1st respondent i.e. (Inspector General of Police) or any other officer subordinate to him from mounting barricades, police roads blocks that block entry of members of public from accessing the Central Business District within Nairobi County or streets within the Central Business District or any other public road without issuing a timely advisory/notice prior to the emergency barricading of roads to allow the Citizens/members of public to plan their activities accordingly.”
Dated, signed and delivered virtually at Nairobi this 9th day of July, 2025.
…………………………………………..
L N MUGAMBI
JUDGE
2. The court directed that physical service be effected within 3 days upon the respondents.
3. Today, the court has confirmed that service was effected as directed as is evidenced by the affidavit of MICHAEL KIOKO MUNGUTI sworn on 1st July, 2025.
4. The court had directed that upon service, the respondents file their responses within 3 days. No response has been filed or any attendance made to this court today by any of the respondents.
5. The petitioner/applicant has renewed the application for conservatory order and further filed supplementary affidavit lamenting the inconvenience caused by the blocking of public roads by the 1st respondent without prior notice to the public on 7th July, 2025.
6. It has been stated that the public was without notice prevented for reaching their places of work, ambulances could not access hospitals and courts were forced to adjourn for lack of witnesses and court staff could not access their places of work, all because public roads were blocked and this was without any prior notice.
7. The respondents have failed to respond to these facts.
8. In the circumstances, the request for grant conservatory order as per the Notice of Motion dated 25th June, 2025 is thus merited as it will serve to ensure that the public is not inconvenienced without prior notice whenever the 1st respondent decides to block public roads to prevent access.
9. I thus grant the following order pending the hearing and determination of this application:
“That pending the hearing and determination of this application, a conservatory order is hereby issued restraining the 1st respondent i.e. (Inspector General of Police) or any other officer subordinate to him from mounting barricades, police roads blocks that block entry of members of public from accessing the Central Business District within Nairobi County or streets within the Central Business District or any other public road without issuing a timely advisory/notice prior to the emergency barricading of roads to allow the Citizens/members of public to plan their activities accordingly.”
Dated, signed and delivered virtually at Nairobi this 9th day of July, 2025.
…………………………………………..
L N MUGAMBI
JUDGE