Let’s review the law to tame injunctions that cause harm

The promulgation of the Constitution in 2010 handed citizens new freedom to check the implementation of governments’ policies, management of projects, appointments in public institutions and in utilisation of resources. They do so through legal instruments such conservatory orders, injunctions, prohibitions and stays. Although these restraints have some positive effects, they have lately become counterproductive with heavy cost to the taxpayer.

Fortunately, the Supreme Court of Kenya ruling in the matter of Gatirau Munya vs. Mwenda Kithinji and two Others [2014] issued an authoritative guide when it defined the purpose of conservatory orders. The Supreme Court held that “the purpose is to facilitate orderly functioning within public agencies as well as to uphold the adjudicatory authority of the Court in public interest.” The current trend where conservatory orders are often obtained ex-parte and extended indefinitely however brings to question whether the Supreme Court’s position is being respected because it denies fair hearing to the offended party.