High Court lifts orders barring arrest of governors

High Court in Kiambu has lifted sweeping conservatory orders that had barred the arrest or detention of governors and other affected persons.

Justice Bahati Mwamuye vacated the interim orders on Tuesday after the petitioners sought to amend their case, a move the court found had fundamentally altered the legal footing of the case.

“Interim conservatory orders dated and issued on April 8, 2026, be and are hereby vacated,” the judge ruled.

The orders, issued on April 8 had restrained the police from summoning, arresting or detaining the county bosses in connection with directives issued by the Senate and the National Assembly.

They were granted orders pending the hearing of an application dated April 7 filed by petitioners Ashton Ngugi Gichuhi and Charles Mugane.

However, the matter took a procedural turn when Mugane informed the court that they had filed a fresh application seeking leave to amend the petition.

The proposed amendments seek to introduce an express constitutional challenge to certain provisions of the Parliamentary Powers and Privileges Act.

“We have filed an application to include an express challenge on the constitutionality of some sections of a statute that is the Parliamentary Powers and Privileges Act,” he submitted.

While the petitioners argued that the changes merely clarify and particularise issues already raised, the respondents opposed the move, saying it was a reaction to their detailed responses and would significantly alter the nature of the case.

They maintained that introducing a direct challenge to a statute shifts the burden of argument and affects the presumption of constitutionality.

In his directions, Justice Mwamuye agreed that the intended amendments could not be treated as minor.

He said changing the basis of the petition affects how the court decides whether there is a strong enough case at first glance to justify granting conservatory orders.

“You cannot have one prima facie case for the interlocutory application and another for the main petition,” the judge noted, questioning how the court would proceed on an application anchored on pleadings that were in flux.

The judge further pointed to the petitioners’ own supporting documents, in which they acknowledged the need to “properly articulate” constitutional issues and fully present the real questions in controversy.

This, he said, demonstrated that the case remained fluid.

On that basis, the court declined to proceed with the hearing that had been scheduled for the day and vacated a ruling earlier set for April 24.

Notably, the judge also lifted the interim conservatory orders, effectively removing the temporary protection that had shielded governors and other affected parties from arrest or enforcement action.

Justice Mwamuye directed that the application to amend the petition be served on all parties immediately, with further directions to follow.

The matter will be return on April 27.