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ELCDismissedNot stated in the excerpt provided· [2026] KEELC 6 (KLR)

Ibrahim & 2 others v Cabinet Secretary for Interior & Coordination of National Government & 4 others (Environment and Land Constitutional Petition E091 of 2024) [2026] KEELC 6 (KLR)

Environment and Land Court / High Court at Nairobi
15 January 2026
COCHRISTINE OCHIENG
1,005 words in judgment
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The bottom line

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A Nairobi court refused to stop evictions in Mukuru Kwa Njenga, ruling that a public-interest project outweighed the residents' claim.

What this practically means

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Executive summary

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The Petitioners, through three Notices of Motion dated 13th November 2024, 3rd December 2025 and 8th December 2025, supported by an affidavit of Yusuf Ibrahim, sought interim conservatory orders staying the Respondents' decision to evict them and demolish their dwelling places on LR No. 209/14009 – SEPU Area of Mukuru Kwa Njenga, pending hearing and determination of their Petition, together with directions before the intended demolitions. The 3rd Respondent opposed through the affidavit of Brian Ikol, its Director Legal Affairs and Dispute Resolution, arguing that government projects should not be held in abeyance for a select group at the expense of the greater public and that no cause of action was demonstrated against it. Framing the sole issue as whether conservatory orders should issue, the court applied the Supreme Court's guidance in Gatarau Peter Munya v Dickson Mwenda Kithinji that conservatory orders are public-law orders granted on the inherent merits bearing in mind public interest, and Samuel Sabuni on public interest outweighing individual fears. The court found the three Petitioners had not provided any list of the persons they claimed to represent, had admitted a public engagement with an attendance list, and had not shown they had been evicted since the November 2024 notice. Following Multiple Hauliers, the court held the public-interest project outweighed the Petitioners' interest and that the interim reliefs would paralyze the project. All three applications were found unmerited and disallowed, with costs in the cause. Judgment delivered at Nairobi on 15th January 2026 by Christine Ochieng, Judge.

Key legal issues

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01

Whether conservatory orders should issue restraining eviction/demolition pending hearing of the Petition

Holding

No; the Petitioners failed to demonstrate a prima facie case and the public-interest project outweighs their interest

Reasoning

Applying the Munya test, the court found the three Petitioners did not adequately demonstrate a prima facie case. They claimed to represent other residents without any list of such persons, admitted public engagement occurred, and produced a notice dated November 2024 over a year old without showing they had been evicted. Following Multiple Hauliers, the import of the public project outweighed the Petitioners' private interest, and the interim reliefs would paralyze the project.

Legal principles established

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  • Conservatory orders are public-law orders granted on the inherent merit of a case, bearing in mind public interest and constitutional values, not private-law irreparable harm considerations
  • The public interest may outweigh an individual citizen's apprehended breach of constitutional rights

Court orders

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  1. 1.The three Notice of Motion applications dated 13th November 2024, 3rd December 2025 and 8th December 2025 are dismissed as unmerited
  2. 2.Costs in the cause
Jurisdiction invoked
Constitutional petition; not expressly stated in the excerpt

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, "Ibrahim & 2 others v Cabinet Secretary for Interior & Coordination of National Government & 4 others (Environment and Land Constitutional Petition E091 of 2024) [2026] KEELC 6 (KLR)", Case Analysis (2026). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6/eng@2026-01-15

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