1. This is the ex-tempore Ruling with respect to the Petitioner/Applicant's Notice of Motion Application dated 24/03/2026, which came up for hearing today, 15/04/2026. Mr. Njoroge Wamwaki appeared for the Petitioner, there was no appearance by any Respondent.
2. The Court notes that this is a matter within the public domain and which has attracted significant public interest and mainstream and social media coverage. The Court further notes that the 5th Respondent herein, absent and unrepresented today, entered appearance vide a Notice of Appointment of Advocates dated 02/04/2026.
3. I am satisfied that the Application coming up today, being the Application dated 24/03/2026, as well as the initial Application, were properly served as per the Affidavits of Service on record, and as evidenced by the entering of appearance.
4. The two Applications being unopposed and essentially the same, the Application dated 24/03/2026 is found to be merited and is accordingly determined as follows, after today's hearing and after hearing from Counsel for the Petitioner/Applicant:
ORDERS ISSUED:
i. THAT a conservatory order be and hereby issued directed at the Respondents, jointly and severally, and whether by themselves or through their agents, servants, employees, or any person acting under their authority or together with them within a multi-agency framework from excavating, developing, alienating, or in any manner interfering with or further excavating, developing, alienating, or in any manner further interfering with the land and/or historical sites situated at Githunguri Kiawairera ( LR. No. Githunguru/Githunguri/Township 801, 26, and 27) including but not limited to the National Monuments under Gazette Notices 244 and 245 of 2011 including but not limited to the site of the Thingira wa Iregi, Historic Gallows, MAU MAU graves, and the MAU MAU Veterans Stadium pending the full hearing and determination of the Petition herein.
ii. THAT a conservatory order be and is hereby issued compelling the Respondents together with their agents, servants, and/or associated persons to immediately remove all machinery, equipment, and remove all fencing from the aforementioned sites immediately and to immediately restore the status quo ante as it obtained immediately before the impugned actions pending the full hearing and determination of the Petition herein.
iii. A conservatory order be and is hereby issued restraining the Respondents from taking any adverse action that would likely render this Petition nugatory or change the nature and character of the aforementioned sites.
iv. Costs of the Application shall be in the cause.
5. Orders accordingly. Directions to be issued separately.
Delivered in Court In the Presence of:
• Mr. Njoroge Wamwaki – Counsel for the Petitioner
• No Appearance for the Respondents
• Mr. Sanjo and Ms. Christine – Court Assistants
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS FIFTEENTH DAY OF APRIL 2026
……………………………………………………………………….
BAHATI MWAMUYE MBS
JUDGE
2. The Court notes that this is a matter within the public domain and which has attracted significant public interest and mainstream and social media coverage. The Court further notes that the 5th Respondent herein, absent and unrepresented today, entered appearance vide a Notice of Appointment of Advocates dated 02/04/2026.
3. I am satisfied that the Application coming up today, being the Application dated 24/03/2026, as well as the initial Application, were properly served as per the Affidavits of Service on record, and as evidenced by the entering of appearance.
4. The two Applications being unopposed and essentially the same, the Application dated 24/03/2026 is found to be merited and is accordingly determined as follows, after today's hearing and after hearing from Counsel for the Petitioner/Applicant:
ORDERS ISSUED:
i. THAT a conservatory order be and hereby issued directed at the Respondents, jointly and severally, and whether by themselves or through their agents, servants, employees, or any person acting under their authority or together with them within a multi-agency framework from excavating, developing, alienating, or in any manner interfering with or further excavating, developing, alienating, or in any manner further interfering with the land and/or historical sites situated at Githunguri Kiawairera ( LR. No. Githunguru/Githunguri/Township 801, 26, and 27) including but not limited to the National Monuments under Gazette Notices 244 and 245 of 2011 including but not limited to the site of the Thingira wa Iregi, Historic Gallows, MAU MAU graves, and the MAU MAU Veterans Stadium pending the full hearing and determination of the Petition herein.
ii. THAT a conservatory order be and is hereby issued compelling the Respondents together with their agents, servants, and/or associated persons to immediately remove all machinery, equipment, and remove all fencing from the aforementioned sites immediately and to immediately restore the status quo ante as it obtained immediately before the impugned actions pending the full hearing and determination of the Petition herein.
iii. A conservatory order be and is hereby issued restraining the Respondents from taking any adverse action that would likely render this Petition nugatory or change the nature and character of the aforementioned sites.
iv. Costs of the Application shall be in the cause.
5. Orders accordingly. Directions to be issued separately.
Delivered in Court In the Presence of:
• Mr. Njoroge Wamwaki – Counsel for the Petitioner
• No Appearance for the Respondents
• Mr. Sanjo and Ms. Christine – Court Assistants
DATED, SIGNED, AND DELIVERED VIRTUALLY ON THIS FIFTEENTH DAY OF APRIL 2026
……………………………………………………………………….
BAHATI MWAMUYE MBS
JUDGE