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ELCDismissedNot stated in judgment

Jogoo Road Uhuru Open Air Market Group & 6 others v Ag County Secretary and the Head of County Public Service; Nairobi City County & 4 others (Environment and Land Constitutional Petition E023 of 2025) [2025] KEELC 8393 (KLR)

Environment and Land Court (implied) / High Court of Kenya at Nairobi
3 December 2025
2,348 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Nairobi court allowed the Jogoo Road market redevelopment to proceed, ruling that public interest outweighed traders' request to halt evictions and demolition.

What this practically means

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Executive summary

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The Petitioners, officials and members of the Jogoo Road Open Air Market, moved the Court by Notice of Motion dated 27th March 2025 seeking conservatory orders prohibiting the Respondents from implementing a Notice to Vacate Site dated 14th March 2025, from evicting or displacing traders, or demolishing structures at the market. They complained that the notice gave only five days to vacate without a relocation plan, that public participation in the proposed modern market redevelopment was inadequate, and that their rights under Articles 10, 27, 28, 35, 43, 46 and 47 of the Constitution and Section 87 of the County Governments Act would be violated. The 1st to 3rd Respondents, through replying affidavit of Joshua Otieno, showed the redevelopment was a partnership between the County and National Governments, that a public participation forum was held on 14th April 2023 with 191 participants who gave design input and supported the project, and that temporary relocation, stall allocation and enumeration measures were in place. The 4th and 5th Respondents did not reply. Framing the sole issue as whether the Petitioners met the threshold for conservatory relief, the Court applied the Supreme Court's principles in Gatirau Peter Munya v Dickson Mwenda Kithinji and the Association of Manufacturers case. It held the redevelopment serves the public interest, that Petitioners' representatives participated in design, that no demolitions had occurred, and that interim relief would paralyze a duly funded public project. The application was disallowed with no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the Petitioners have met the threshold for grant of a conservatory order

Key legal issues

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01

Whether the Petitioners met the threshold for conservatory orders

Holding

They did not; the project serves the public interest and their concerns were substantially addressed through public participation

Reasoning

Applying the Munya principles, the court weighed public interest in the duly funded modern market redevelopment against the traders' concerns. It found representatives of the Petitioners participated in the 2023 public participation forum and gave input on design; no demolitions had occurred; and halting the project would cause enormous economic loss and paralyze implementation.

p. 6

Legal principles established

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  • Conservatory orders are granted on the inherent merit of a case bearing in mind the public interest, constitutional values and proportionate magnitudes
  • At the conservatory stage the court only examines whether a prima facie case and prejudice are shown, not conclusive findings

Court orders

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  1. 1.The Notice of Motion application dated 27th March 2025 is found unmerited and is disallowed
  2. 2.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Constitution of Kenya - petition under Articles 10, 27, 28, 35, 43, 46 and 47

Relief refused

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Conservatory order prohibiting implementation of the Notice to Vacate dated 14th March 2025, eviction/displacement of traders or demolition of structures at Jogoo Road Open Air Market

Petitioners failed to establish a prima facie case; project is in public interest and interim reliefs would paralyze a duly funded public project

p. 6

Costs of the application

Court made no order as to costs

p. 6

Costs

No order as to costs - each party to bear their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the foregoing, I find the instant Notice of Motion application unmerited and will disallow it but make no order as to costs.
p. 6disposition
I find that the Petitioners have not established a prima facie case to warrant the grant of conservatory orders as sought.
p. 6prima facie case
I find that the development of the Jogoo Road Open Air market is in public interest and is a priority.
p. 5public interest
Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes, and priority levels attributable to the relevant courses.
p. 5test for conservatory orders

Issues in the judgment

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minor

Court and case number not expressly stated in the excerpt; the coram appears only at the delivery footer

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jogoo Road Uhuru Open Air Market Group & 6 others v Ag County Secretary and the Head of County Public Service; Nairobi City County & 4 others (Environment and Land Constitutional Petition E023 of 2025) [2025] KEELC 8393 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8393/eng@2025-12-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.