The court vacated the interim protections after petitioners sought to amend their case.

By Irene Mwangi

The High Court in Kiambu has lifted conservatory orders that had barred the arrest or detention of governors and other public officials, clearing the way for law enforcement agencies to take action.

In a ruling delivered by Bahati Mwamuye, the court vacated the interim protections after petitioners sought to amend their case, introducing what the judge termed as fundamental changes to the substance of the petition.

Justice Mwamuye held that the proposed amendments significantly altered the legal foundation of the case by introducing new issues that were not part of the original pleadings, rendering it untenable for the earlier orders to remain in force.

“Once the character of the petition changes, the court must reconsider whether interim protections remain justified,” he ruled.

The conservatory orders had previously shielded a section of county leaders from arrest or detention pending the hearing and determination of the constitutional petition, effectively halting any coercive action against them.

The case stems from a petition filed in Kiambu challenging the legality of potential arrests and prosecutions of certain public officials. The petitioners argued that such actions would infringe on their rights and disrupt county governance.

However, the court noted that interim relief is anchored on the pleadings as originally presented, and any substantive amendments necessitate a reassessment of such protections.

With the orders now lifted, agencies including the National Police Service are no longer bound by the earlier directives and may proceed with arrests or other lawful enforcement measures where necessary.

The matter will now proceed on the basis of the amended petition, which is yet to be formally filed and served, after which the court is expected to issue further directions on its hearing. Capital News