Noor v Kenya Urban Roads Authority & another (Land Case E083 of 2025) [2026] KEELC 3657 (KLR) (16 June 2026) (Ruling)
The court found that Ms. C. Mwenda had not properly filed a memorandum of appearance and had not settled the requisite CTS invoice; therefore, she was not properly on record for the 2nd defendant. As a result, the preliminary objection and all documents filed by her were incompetent and were struck out, with liberty...
Source-derived case information.
- Citation
- [2026] KEELC 3657 (KLR)
- Parties
- Plaintiff: Mohamad Abdi Noor; 1st Defendant: Kenya Urban Roads Authority; 2nd Defendant: Kenya Power & Lighting Company Ltd
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Case E083 of 2025
- Procedural Posture
- Environment and Land Court Civil Suit / Ruling on 2nd Defendant's Preliminary Objection
- Outcome
- Preliminary objection struck out as incompetent
- Judges
- ["AY Koross"]
- Legal Topics
- Preliminary Objection, Jurisdiction, Proper Representation on Record, Striking Out Pleadings, Compliance With Order 11, Energy Disputes Resolution Mechanism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamad Abdi Noor
Plaintiff
Kenya Urban Roads Authority
1st Defendant
Kenya Power & Lighting Company Ltd
2nd Defendant
Procedural Posture
Environment and Land Court Civil Suit / Ruling on 2nd Defendant's Preliminary Objection
Legal Issues
- 1 Whether the 2nd defendant's preliminary objection was competently on record
- 2 Whether counsel had properly come on record for the 2nd defendant
- 3 Whether the court should strike out the preliminary objection and all documents filed by the 2nd defendant
Ratio Decidendi
The court found that Ms. C. Mwenda had not properly filed a memorandum of appearance and had not settled the requisite CTS invoice; therefore, she was not properly on record for the 2nd defendant. As a result, the preliminary objection and all documents filed by her were incompetent and were struck out, with liberty to regularise representation.
Court Disposition
Preliminary objection struck out as incompetent
Orders
- PO dated 12 January 2026 struck out together with all documents filed by the 2nd defendant
- Liberty granted to Ms. C. Mwenda to regularise representation
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS** **ELC LAND CIVIL SUIT NO. E083 OF 2025** **MOHAMAD ABDI NOOR……..……………………….…. ..………PLAINTIFF** **VERSUS** **KENYA URBAN ROADS AUTHORITY.….……………….…..1ST DEFENDANT** **KENYA POWER & LIGHTING COMPANY LTD……………2ND DEFENDANT** **RULING** 1. This matter has been reserved for determination on the merits of the 2nd defendant's PO, dated 12 January 2026, in which the following points of law are raised: ***“This Honourable Court lacks jurisdiction to hear and determine this dispute and suit as against the 2nd Defendant, and together with all consequential orders should be struck out with costs as the same offends the following provisions:*** 1. ***Sections 3(1), 10; 11(e), (f), (i), (k) & (l); 23; 24; 25; 36; 40; 42; 159(3); 160(3) and 224(2)(e) of the Energy Act, 2019;*** 1. ***Regulations 2, 4, 7 and 9 of the Energy (Complaints and Disputes Resolution) Regulations, 2012;*** 2. ***Article 159(2)(c) and 169(1)(d) and (2) of the Constitution of Kenya, 2010; and*** 3. ***Sections 9(2) and (3) of the Fair Administration Act, 2015. 5. Section 6 of the Civil Procedure Act, Cap 21.*** 1. This court has taken considerable time to examine the court record, and it is apparent that the 2nd defendant’s counsel, **Ms. C. Mwenda,** who drew and filed the PO, has never filed a memorandum of appearance and is thus not properly on record. According to the record, she submitted a memorandum of appearance on 16 January 2026, and an invoice was generated through the CTS system on the same date, but she has failed to settle the amount due. Consequently, all documents filed by **Ms. C. Mwenda,** including the PO, are hereby deemed to be improperly on record. 2. Therefore, the PO dated 12 January 2026 is found incompetent and struck out, together with all documents filed by the 2nd defendant. Liberty is granted to **Ms. C. Mwenda** to regularise representation. Costs shall be in the cause. Parties are directed to comply with **Order 11** of the **Civil Procedure Rules** within 60 days. A mention date shall be issued. It is so ordered. **Delivered and Dated at Machakos this 16th day of June, 2026.** **HON. A. Y. KOROSS** **JUDGE** **16.06.2026** **Ruling delivered virtually through Microsoft Teams Video Conferencing Platform** In the presence of; Ms. Kanja Court Assistant. Miss Gaita holding brief for Mr. Oscar Otieno for the plaintiff. No appearance for other parties.