Kenya Case Law

Nicholus v Attorney General & 7 others; National Environmental Complaints Committee (NECC) & 5 others (Interested Parties)

Nicholus v Attorney General & 7 others; National Environmental Complaints Committee (NECC) & 5 others (Interested Parties) [2025] KEELC 5026 (KLR)

Court

Environment and Land Court

Case number

Petition 2 of 2021

Judge

AE Dena

The court found that the water quality analysis report recommended by the NECC is central to the issues raised in the petition and that the applicant, as the originator of the complaint, had a legitimate expectation that the report would be availed. The court held that availing the report is necessary for completeness of investigations and substantive justice, and thus ordered its production. Regarding the site visit, the court determined that such a visit would be beneficial to all parties and would assist the court in understanding the issues and evidence, but left the timing and logistics…

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• Illegal Mining
• Environmental Pollution
• Statutory Duties
• Water Quality Monitoring
• Public Participation
• Judicial Site Visit

African Gas and Oil Limited v Kahia Transporters Limited & 6 others; County Government of Mombasa & 2 others (Interested Parties)

African Gas and Oil Limited v Kahia Transporters Limited & 6 others; County Government of Mombasa & 2 others (Interested Parties) [2025] KEELC 3139 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E012 of 2023

Judge

LL Naikuni

The court's orders of October 22, 2024, finding the Applicant in contempt of court, were made without affording the Applicant a fair opportunity to be heard due to an excusable error by their advocate. Contempt proceedings are quasi-criminal in nature and demand a strict standard of proof and adherence to the right to a fair hearing. Therefore, the orders finding the Applicant in contempt should be reviewed and set aside to allow the substantive contempt application to be heard on its merits.

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• Contempt Of Court
• Review Of Orders
• Land Access Disputes
• Environmental Pollution
• Fair Hearing
• Procedural Fairness

Johnson Nduya Muthama Holdings Limited v Musomba & 5 others; National Environment and Management Authority (Interested Party)

Johnson Nduya Muthama Holdings Limited v Musomba & 5 others; National Environment and Management Authority (Interested Party) [2024] KEELC 5331 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Petition E012 of 2021

Judge

A Nyukuri

The court found that while the petition met the threshold of a constitutional petition by raising issues under Articles 40 and 42 of the Constitution, the petitioner failed to prove, on a balance of probabilities, that the respondents dumped human waste or trespassed on the suit property. The evidence presented, including photographs, did not substantiate the allegations. The respondents' denial, the lack of proof of their presence or actions, and the existence of parallel proceedings on property ownership further weakened the petitioner's case. Consequently, the court dismissed the petition…

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• Right To Clean Environment
• Property Rights
• Burden Of Proof
• Environmental Pollution
• Trespass
• Constitutional Threshold

Rutere & 11 others v Reynolds Construction Company (NIG) Ltd

Rutere & 11 others v Reynolds Construction Company (NIG) Ltd [2024] KEELC 5369 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 28 of 2013

Judge

CK Nzili

The court found that the plaintiffs, as immediate neighbors and landowners, had standing to sue for environmental harm caused by the defendant's asphalt plant. The defendant admitted operating the plant in the plaintiffs' residential neighborhood and failed to demonstrate full compliance with environmental laws, EIA license conditions, or to provide monthly NEMA inspection reports. Scientific evidence and expert testimony established that pollutants (air, soil, noise, dust, fumes, oil spillage) from the plant escaped into the plaintiffs' land, exceeding permissible levels and causing environm…

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• Environmental Pollution
• Nuisance
• Strict Liability
• Environmental Impact Assessment
• Constitutional Right To Clean Environment
• Restoration Orders

Okong’o v Loibex Builders Limited & 5 others

Okong’o v Loibex Builders Limited & 5 others [2024] KEHC 4855 (KLR)

Court

High Court

Case number

Petition E088 of 2024

Judge

LN Mugambi

The High Court struck out a constitutional petition over construction, noise, and planning approvals, holding the dispute fell within the Environment and Land Court’s jurisdiction.

• Jurisdiction Of High Court
• Transfer Of Suits
• Environmental Pollution
• Land Use And Planning
• Human Rights Violations
• Specialized Courts

Chebii & 3 others v SBI International Holdings (AG) K & another

Chebii & 3 others v SBI International Holdings (AG) K & another [2024] KEELC 3294 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 19 of 2019

Judge

YM Angima

The court found that road-project campsite pollution violated nearby residents’ right to a clean, safe and healthy environment and awarded each plaintiff general damages.

• Right To Clean Environment
• Environmental Pollution
• Public Participation
• Nuisance
• Damages For Environmental Harm
• Right-to-clean-environment

Wemali v Rhombus Concrete Limited; National Environment Management Authority (Interested Party)

Wemali v Rhombus Concrete Limited; National Environment Management Authority (Interested Party) [2024] KEELC 1808 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Constitutional Petition E046 of 2021

Judge

EK Wabwoto

The court found that the Respondent, by failing to protect the site from previous acts of illegal dumping and not ensuring compliance with statutory environmental management procedures, infringed the Petitioner's and other residents' right to a clean and healthy environment as guaranteed by Article 42 of the Constitution. The court applied the precautionary principle and the in dubio pro natura maxim, holding that in the absence of certainty regarding environmental harm, the doubt must be resolved in favor of environmental protection. The Respondent's actions and omissions, including the lack…

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• Right To Clean Environment
• Environmental Pollution
• Precautionary Principle
• Environmental Management
• Public Interest Litigation

Njiru v Nyaga & 7 others

Njiru v Nyaga & 7 others [2023] KEELC 22340 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E206 of 2023

Judge

LN Mbugua

The court held that it lacked jurisdiction to entertain the plaintiff's suit and application because the dominant claim related to alleged illegal power supply, which falls under the dispute resolution mechanisms established by the Energy Act. The court emphasized that parties must first exhaust statutory remedies provided by the Energy Act, including lodging complaints with the Energy Commission and appealing to the Energy Tribunal, before approaching the court. The doctrine of exhaustion applied, and the court could not proceed to determine the merits of the case. Consequently, both the app…

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• Illegal Power Connections
• Public Land Grabbing
• Environmental Pollution
• Exhaustion Of Statutory Remedies

Huma v Plateau Residents Association & another

Huma v Plateau Residents Association & another [2023] KEELC 18527 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E318 of 2021

Judge

OA Angote

The court found that the Defendants established a prima facie case as the Plaintiff had been using his properties for commercial purposes in an area zoned for agricultural and residential use, without the requisite change of user approval. While the Defendants did not provide scientific evidence of pollution, the court held that continued unauthorized commercial activity posed a risk of irreparable harm to the environment, health, and property value, which could not be adequately compensated by damages. The balance of convenience favored the Defendants, as environmental degradation is often i…

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• Land Use Planning
• Change Of User
• Environmental Pollution
• Injunctive Relief
• Property Rights
• Controlled Development

Ocharo & 2 others v Ogindi & 2 others

Ocharo & 2 others v Ogindi & 2 others [2023] KEELC 17956 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E025 of 2022

Judge

MN Kullow

The court declined stay of execution over an injunction in an environmental dispute, but granted stay of proceedings in the subordinate court pending appeal.

• Stay Of Execution
• Stay Of Proceedings
• Preliminary Objection
• Environmental Pollution
• Public Interest Litigation
• Stay-of-execution