In a significant legal development, Justice Chacha Mwita of the High Court of Kenya, based at the Milimani Law Courts in Nairobi City, has issued conservatory orders temporarily blocking the proposed privatization of 11 parastatals.

The decision, rendered on the 4th day of December 2023, comes in response to a Notice of Motion and petition dated 29th November 2023.

"A conservatory order is hereby issued suspending implementation of section 21(1) of the Privatization Act 2023 and or any decisions made pursuant to that section, until 6th February 2024 GIVEN under my hand and seal of the Honourable court this 4th Day of December 2023," Mwita stated.

The conservatory orders were issued after Justice Mwita carefully considered the pleadings and supporting documents, concluding that the petition raises substantial constitutional and legal issues of public importance that necessitate critical examination and consideration by the court.

As part of the orders, Justice Mwita laid out a procedural timeline for the case, emphasizing the urgency and gravity of the matter.

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The court directed that all relevant pleadings be promptly served on all involved parties.

Respondents were given a strict deadline of 5 days to file their responses to the petition, while the petitioner was granted an additional 5 days for any supplementary affidavits and written submissions, limited to a maximum of 10 pages.

Furthermore, the court outlined that submissions highlighting the case's crucial aspects would take place on the 6th of February 2024 at 11 am.

This indicates the court's commitment to expeditiously address the constitutional and legal concerns raised by the petition.

A significant aspect of the conservatory orders is the suspension of the implementation of section 21(1) of the Privatization Act 2023, along with any decisions made pursuant to that section.

This suspension will remain in effect until the scheduled highlighting of submissions on the 6th of February 2024.

As the legal proceedings unfold, stakeholders and the public eagerly await the court's final decision on the controversial privatization plans, recognizing the potentially far-reaching implications for the affected parastatals and the broader economic landscape.