Case law
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Division and case type: Environment and Land CourtELC Land Petition
…Assembly & 4 others [2017] eklr, which set out the principles governing the grant of conservatory orders. 30. …
…Can conservatory orders be issued against an event that has already happened? 71. …
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…the issuance of such Conservatory Orders.…
…conservatory orders are not issued.…
Division and case type: Environment and Land CourtELC Land Petition
…have met the threshold for grant of the conservatory orders sought herein. 72. …
…Bearing in mind the above preliminaries, are the Petitioners/Applicants deserving of the Conservatory orders sought?…
Division and case type: Environment and Land CourtELC Land Petition
…orders as prayed.…
…The principles for grant of conservatory orders are well settled as was held in the Supreme Court Case of Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 others [2014] eKLR as follows: “Conservatory orders” bear a more…
Division and case type: Environment and Land CourtCivil Suit
…The proposed interested parties have also sought conservatory orders from this court. The law governing the issuance of conservatory orders is well settled.…
…In Judicial Service Commission v Speaker of the National Assembly & Another (2013) eKLR, conservatory orders were defined as follows: “Conservatory orders, in my view, are not ordinary civil remedies but are remedies provided…
Division and case type: Environment and Land CourtELC Land Petition
…The Petitioners seek conservatory orders to preserve the suit property pending the hearing and determination of the Petition.…
…The Supreme Court in Civil Application No. 5 of 2014 Gatirau Peter Munya -v- Dickson Mwenda Kithinji & 2 Others (2014) eKLR discussed the nature of conservatory orders as follows: “Conservatory orders” bear a more decided…
Division and case type: Environment and Land CourtELC Land Petition
…The Supreme Court described the connotation of “conservatory orders” as follows: “Conservatory orders” bear a more decided public-law connotation: for these are orders to facilitate ordered functioning within public agencies…
…This injury cannot be adequately remedied if conservatory orders are not issued. 21.…
Division and case type: Environment and Land CourtELC Land Petition
…Therefore, conservatory orders are interim reliefs which are temporary in nature, granted before the full trial commences.…
…of success; whether the party is likely to suffer irreparable prejudice in the absence of such conservatory orders.…
Division and case type: Environment and Land CourtELC Land Petition
…It was his submission that granting conservatory orders therefore serves the public interest.…
…Principles for grant of conservatory orders in Constitutional Petitions are now well settled.…
Division and case type: Environment and Land CourtELC Land Petition
…They further submitted that they have sought conservatory orders to prevent further interference and claim damages for the violation of their rights.…
…On whether Conservatory Orders should be granted the Respondents argued that Conservatory Orders are unnecessary as the suit property is not part of the forest, and the Petitioners/Applicants have failed to demonstrate any…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…; whether the party is likely to suffer irreparable prejudice in the absence of the conservatory orders.…
…Conservatory orders cannot be issued to an event that has already occurred. …
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…The applicant also asserted that the new evidence was not available when the conservatory orders were issued. 4.…
…He consequently urged the court to allow the application and lift the conservatory orders, or otherwise permit resumption of their operations under NEMA regulatory oversight. 17.…
Division and case type: Environment and Land CourtELC Land Petition
…Binyenya regarding conservatory orders was opposed by Ms Lutta and Mr Kihara.…
…Should conservatory orders issue as prayed? c. Who ought to bear the costs of the application and the objections? 10.…
Division and case type: Environment and Land CourtELC Land Petition
…to grant conservatory orders; g.…
…Dickson Mwenda Kithinji & 2 others observed the nature of conservatory orders to be as follows: - “Conservatory orders” bear a more decided public-law connotation: for these are orders to facilitate ordered functioning within…
Division and case type: Environment and Land CourtELC Land Petition
…orders being sought. 18.…
…administrative remedies. b) Whether the Petition and the application for conservatory orders should be dismissed on the basis of the doctrine of constitutional avoidance. 30.…
Division and case type: Environment and Land CourtELC Land Petition
…b) Whether the Petitioner/Applicant has met the legal threshold for the grant of conservatory orders? 15. …
…The test for granting the conservatory orders was laid down in the decision of the Supreme Court in Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 others [2014] eKLR.…
Division and case type: Environment and Land CourtELC Land Petition
…It was further averred that on 31st October, 2022, this court issued conservatory orders in relation to the suit properties and that the orders are still in force.…
…Odunga (as he then was) held as follows: - “What then are the circumstances under which the Court grants conservatory orders?…
Division and case type: Environment and Land CourtELC Land Petition
…Whether the Petitioner has demonstrated a prima facie case warranting conservatory orders 10. …
…The domain of interlocutory orders is somewhat ruffled, being characterized by injunctions, orders of stay, conservatory orders and yet others.…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…Whether the Applicant had met the threshold for grant of conservatory orders. b. …
…On whether the Applicant had met the threshold for grant of conservatory orders.…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…The applicant stated that this court issued conservatory orders on 29 th July 2026 stopping the quarrying operations of the 4 th respondent and affecting the continued operation of the quarry.…
…The applicant also asserted that the new evidence was not available when the conservatory orders were issued. 4.…