Judiciary plans review of rules on court injunctions

The Judiciary could soon review its policy on issuing injunctions following complaints that they are costing businesses billions of shillings in losses.

Chief Justice Willy Mutunga on Thursday said the Judiciary would hold a stakeholders’ forum that will include magistrates, judges and the public to help review rules on court injunctions.

“The discussion that we are going to have about their concerns on court orders will be convened by the Judicial Training Institute which brings in all magistrates and judges so that the discussion helps us think through those concerns collectively,” said Dr Mutunga.

“There have been a lot of complaints about injunctions. We’ve had various meetings as the Judiciary to deal with the issue but we also need to talk to the public about the issue.”

Deaths

Dr Mutunga was speaking when he paid a courtesy call on Nairobi Governor Evans Kidero.

Mr Kidero said that the county had been losing revenue and in one case an injunction barring City Hall from taking action over a faulty structure led to the death of some tenants when the building collapsed.

“We would appreciate a judicial policy which weighs in favour of public interest. Often the county has been forced to lose hundreds of millions after courts have imposed restraining orders on revenue collection,” the governor said.

The Judiciary has been criticised on issuing of many injunctions which affect businesses and government projects.

Some of the most recent cases include an order restraining the construction of the Standard Gauge Railway in Kibwezi West by the High Court in Machakos, which was later lifted.

Barring of real estate firms Acorn and Cytonn from developing property following a court fight with Britam.

The firms have protested against a restraining order saying it will hurt their businesses and asked Britam to place security with the court.