Kunah v Evergreen Tea Factory Ltd (Environment and Land Petition E007 of 2025) [2026] KEELC 2541 (KLR) (30 April 2026) (Ruling)

Kunah v Evergreen Tea Factory Ltd (Environment and Land Petition E007 of 2025) [2026] KEELC 2541 (KLR) (30 April 2026) (Ruling)

The court has jurisdiction to hear and determine the petition and application alleging constitutional violations despite the existence of statutory dispute resolution mechanisms under EMCA. However, the applicant failed to establish a prima facie case or demonstrate irreparable injury, as the evidence did not show...

Source-derived case information.

Citation
[2026] KEELC 2541 (KLR)
Parties
Petitioner/applicant: Raphael Kipyegon Ng’etich Kunah; Respondent: Evergreen Tea Factory Ltd
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Environment and Land Petition E007 of 2025
Procedural Posture
Petition / Ruling on Interlocutory Application (notice of Motion for Temporary Injunction)
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Jurisdiction of Environment and Land Court, Right to Property, Right to Clean and Healthy Environment, Exhaustion of Statutory Remedies
Source Language
english
Constitutional Law Environmental Law Land Law Interim Injunctions Jurisdiction of Environment and Land Court Right to Property Right to Clean and Healthy Environment Exhaustion of Statutory Remedies

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Parties

Raphael Kipyegon Ng’etich Kunah

Petitioner/applicant

Evergreen Tea Factory Ltd

Respondent

Procedural Posture

Petition / Ruling on Interlocutory Application (notice of Motion for Temporary Injunction)

Legal Issues

  1. 1 Whether the Environment and Land Court has jurisdiction to hear and determine the petition and application alleging constitutional violations despite statutory dispute resolution mechanisms under EMCA
  2. 2 Whether the applicant has met the criteria for grant of a temporary injunction restraining the respondent from alleged trespass and environmental harm

Ratio Decidendi

The court has jurisdiction to hear and determine the petition and application alleging constitutional violations despite the existence of statutory dispute resolution mechanisms under EMCA. However, the applicant failed to establish a prima facie case or demonstrate irreparable injury, as the evidence did not show chemical pollution attributable to the respondent and the respondent's waste water met NEMA standards. Therefore, the conditions for grant of a temporary injunction were not met.

Court Disposition

Application dismissed

Orders

  • Notice of Motion application dated 18th June, 2025 is dismissed with costs to the respondent.