https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3355
The court, on its own motion, considered locus standi a threshold issue that must be canvassed before the substantive ruling could be delivered, and therefore held the ruling in abeyance pending oral submissions from the parties.
Source-derived case information.
- Citation
- [2026] KEELC 3355 (KLR)
- Parties
- Applicant: Mbari Ya Maina Self Help Group; Respondent: The National Land Commission
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E019 of 2026
- Procedural Posture
- Environment and Land Miscellaneous Case / Ruling Held in Abeyance Pending Submissions on Locus Standi
- Outcome
- Ruling held in abeyance pending mention and oral submissions on locus standi.
- Judges
- ["CG Mbogo"]
- Legal Topics
- Locus Standi, Preliminary Issue Raised by Court on Own Motion, Ruling Deferred Pending Oral Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbari Ya Maina Self Help Group
Applicant
The National Land Commission
Respondent
Procedural Posture
Environment and Land Miscellaneous Case / Ruling Held in Abeyance Pending Submissions on Locus Standi
Legal Issues
- 1 Whether the applicant has locus standi to institute the proceedings.
- 2 Whether the court should determine locus standi before delivering the substantive ruling.
Ratio Decidendi
The court, on its own motion, considered locus standi a threshold issue that must be canvassed before the substantive ruling could be delivered, and therefore held the ruling in abeyance pending oral submissions from the parties.
Court Disposition
Ruling held in abeyance pending mention and oral submissions on locus standi.
Orders
- The scheduled ruling of 4 June 2026 is held in abeyance.
- The parties shall appear on a mention date to make oral submissions on locus standi.
Full Case Text
Judgment text and source record
1 paragraphs
Mbari Ya Maina Self Help Group v National Land Commission (Environment and Land Miscellaneous Case E019 of 2026) [2026] KEELC 3355 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELC 3355 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Miscellaneous Case E019 of 2026 CG Mbogo, J June 4, 2026 Between Mbari Ya Maina Self Help Group Applicant and The National Land Commission Respondent Ruling 1.When I retired to write the ruling in this matter with respect to the notice of motion dated 19th January, 2026, I noted that whereas the respondent did not raise the issue of locus standi of the applicant to institute these proceedings, on the court’s own motion, I find it necessary that this issue should be canvassed first. 2.For this reason, the ruling that was slated to be delivered today (4th June, 2026) is held in abeyance until the parties address the court on locus standi. I will give the parties a mention date on which oral submissions will be made on the same. Thereafter, I will deliver a brief ruling.It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE, 2026.HON. MBOGO C.G.JUDGE04/06/2026.In the presence of:Ms. Vena Atieno - Court assistantMs. Chanimbaga holding brief for Mr. Willis Otieno for the ApplicantMs. Mwanyika for the Respondent