REPUBLIC OF KENYA

IN THE HIGH COURT AT NAROK

PETITION NO…………. OF 2024

IN THE MATTER OF ARTICLES 22, 23, 40, 47, 50, AND 165 OF THE
CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND

FREEDOMS UNDER THE CONSTITUTION

BETWEEN:

TATAA OLE NKAIWATEI

…………………………………………………………………………………………………. PETITIONER

VERSUS

PAUL MURUMBI SAOLI ………………….……………………………..………….

…………………………….1ST RESPONDENT

THE DIRECTORATE OF COUNTY CRIMINAL INVESTIGATIONS

NAROK………………..2ND RESPONDENT

CHAMBER SUMMONS
LET ALL PARTIES concerned attend the Honorable Court on
…………………………… or as soon thereafter as the Court may direct for the
hearing of this Application on behalf of the Petitioner seeking the following
orders:
1. That this Application be certified as urgent and heard ex parte in the
first instance.
2. That pending the hearing and determination of this Petition, the
Honorable Court be pleased to grant interim orders restraining the
Respondent, his agents, employees, and any persons acting on his
instructions from using police officers or other means to intimidate,
harass, arrest, or otherwise interfere with the Petitioner.
3. That pending the hearing and determination of this Petition, the
Honorable Court be pleased to order the release of the Petitioner if
already detained in contravention of the conservatory orders issued.
4. That the costs of this Application be provided for.
DATED at NAROK this …………. day of…………………………………………..2024
INNOCENT OYORI

FOR ONCHIRI & COMPANY

ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY: -
M/S ONCHIRI & COMPANY ADVOCATES
OLMAA HOUSE, 1ST FLOOR, RM 04
P.O BOX 522-20500
NAROK.
Email: - nyabochwaa@yahoo.com

TO BE SERVED UPON
1. TATAA OLE NKAIWATEI
2. The County Directorate of Criminal
Investigations Narok

REPUBLIC OF KENYA
IN THE HIGH COURT AT NAROK
PETITION NO…………. OF 2024
IN THE MATTER OF ARTICLES 22, 23, 40, 47, 50, AND 165 OF THE
CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND
FREEDOMS UNDER THE CONSTITUTION
BETWEEN:
TATAA OLE NKAIWATEI
…………………………………………………………………………………………………. PETITIONER
VERSUS
PAUL MURUMBI SAOLI ………………….……………………………..………….
…………………………….1ST RESPONDENT
THE COUNTY DIRECTORATE OF INVESTIGATIONS NAROK…………….
…………………..2ND RESPONDENT
PETITION
TO THE HONOURABLE COURT
The Humble Petition of TATAA OLE NKAIWATEI respectfully showeth that:
1. The Petitioner is an adult citizen of Kenya residing in Ntulele and is the lawful
occupier of the parcel of land known as [Land Reference Number]. The
Respondent is a resident of Ntulele and a party to a civil dispute over the said
land, currently the subject of conservatory orders.
2. On [Date], this Honorable Court granted conservatory orders in respect of the
disputed property, restraining all parties from undertaking any actions that would
interfere with the Petitioner’s possession and enjoyment of the land.
b. Despite the conservatory orders, the Respondent, through extrajudicial means,
has engaged police officers to intimidate and arrest the Petitioner in violation of
the said orders and the Petitioner’s constitutional rights.
c. The actions taken by the Respondent have caused the Petitioner fear, loss of
freedom, and deprivation of property rights contrary to the fundamental rights
and freedoms guaranteed under the Constitution.
3. Violation of Constitutional Rights
a. Right to Property under Article 40 of the Constitution. The Respondent’s
 actions have deprived the Petitioner of the right to peaceful ownership and
enjoyment of property.
b. Right to Liberty under Article 29 of the Constitution. The arbitrary arrest and
detention of the Petitioner infringe upon the Petitioner’s freedom from deprivation
of liberty without due process.
c. Right to Fair Administrative Action under Article 47 of the Constitution. The
Respondent’s involvement of law enforcement agencies in an extrajudicial
manner violates the principles of fair, lawful, and procedural justice.
d. Right to Fair Hearing under Article 50 of the Constitution. The Respondent’s
conduct undermines the Petitioner’s right to have this dispute resolved through
due process and the right to fair hearing before a court of law.
4. Prayers
WHEREFORE, the Petitioner respectfully prays for the following reliefs:
a. A declaration that the Respondent’s actions amount to a violation of the
Petitioner’s right to property under Article 40, right to liberty under Article 29,
right to fair administrative action under Article 47, and right to a fair hearing
under Article 50 of the Constitution.
b. An order of injunction restraining the Respondent, his agents, employees, or
any person acting on his instructions from unlawfully using law enforcement
officers to interfere with the Petitioner’s right to the property and liberty.
c. An order for compensation for damages suffered by the Petitioner as a result
of the unlawful actions by the Respondent and any police officers involved.
d. Any other relief that this Honorable Court may deem just and fair in the
circumstances.
DATED AT [LOCATION] THIS [DATE]
PETITIONER'S LAWYER'S NAME
ADVOCATE FOR THE PETITIONER

SUPPORTING AFFIDAVIT
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT [LOCATION]
PETITION NO. [NUMBER] OF [YEAR]
I, [Petitioner’s Full Name], a resident of [Address], do hereby make oath and state as
follows:
1. THAT I am the Petitioner herein, competent and fully aware of the matters
deposed to herein.
2. THAT on [Date], the Honorable Court issued conservatory orders in respect of the
property known as [Land Reference Number].
3. THAT despite these orders, the Respondent has caused my arrest and
harassment, leading to my unlawful detention in [Location or Police Station].
4. THAT I am advised by my Advocate on record, which advice I verily believe to be
true, that the Respondent’s actions constitute a violation of my constitutional
rights.
 5. THAT I swear this affidavit in support of my Petition herein, praying for the reliefs
sought therein.
SWORN BY THE SAID
[PETITIONER’S NAME] AT [LOCATION]
THIS [DATE]