Kenya Case Law

Magarini Amani Community Self Help Group & 6 others v Water Resources Authority & 3 others

Magarini Amani Community Self Help Group & 6 others v Water Resources Authority & 3 others [2025] KEHC 10349 (KLR)

Court

High Court

Case number

Constitutional Petition E024 of 2024

Judge

M Thande

The High Court determined that it possesses jurisdiction under Article 165(3) of the Constitution to hear and determine constitutional questions, including the constitutionality of subsidiary legislation and alleged violations of fundamental rights, even where the subject matter relates to natural resources. However, the Court found that the issues raised in the present petition—specifically, the challenge to the imposition of water use charges for salt extraction from seawater—were directly and substantially in issue in the prior case of Krystalline Salt Limited v Water Resources Management…

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• Jurisdiction Of High Court
• Res Judicata
• Water Resource Regulation
• Subsidiary Legislation Constitutionality
• Public Resources
• Collateral Estoppel

Krystalline Salt Limited v Water Resources Management Authority

Krystalline Salt Limited v Water Resources Management Authority [2024] KESC 40 (KLR)

Court

Supreme Court

Case number

Petition (Application) E007 of 2024

Judges

PM Mwilu, MK Ibrahim, SC Wanjala, I Lenaola, W Ouko

The Supreme Court determined that it lacked jurisdiction to entertain the petition of appeal and the application for stay of execution because the issues before the superior courts below did not involve any contentious question of constitutional interpretation or application. The gravamen of the dispute was the payment of outstanding water use charges and the respondent's power to regulate sea water usage, which were resolved on the basis of statutory interpretation and factual findings, not constitutional questions. The mere reference to constitutional provisions regarding the vesting of the…

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• Supreme Court Jurisdiction
• Stay Of Execution
• Constitutional Interpretation Threshold
• Water Resource Regulation

Krystalline Salt Limited v Water Resources Management Authority

Krystalline Salt Limited v Water Resources Management Authority [2024] KECA 191 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 252 of 2018

Judges

DK Musinga, HA Omondi, GWN Macharia

The Court of Appeal held that the sea water abstracted by the appellant for commercial salt production is part of Kenya's territorial waters, classified as res publicae, and thus subject to regulation and control by the State under both international conventions and domestic law. The Water Act, 2002 (now repealed) and the Water Act, 2016 empower the respondent to regulate, assess, and collect charges for the use of such water resources. The appellant's argument that sea water is res nullius and not subject to regulation was rejected, as was the claim that use on private land exempted it from…

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• Water Resource Regulation
• Public Land Management
• Statutory Interpretation
• Permit And Licensing Fees
• Territorial Sea Control
• Assessment Of Arrears

Water Resources Management Authority v Kensalt Limited

Water Resources Management Authority v Kensalt Limited [2016] KECA 624 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 9 of 2015

Judge

SP Ouko

The Court of Appeal held that the Environment and Land Court erred by engaging in a full hearing and determining complex and novel legal questions at the interlocutory stage, when the only issue before it was whether the appellant's suit disclosed a reasonable cause of action or was an abuse of process under Order 2 Rule 15 of the Civil Procedure Rules. The appellate court emphasized that striking out a suit is a drastic remedy to be used sparingly and only in clear and obvious cases. The issues raised, including the definition and ownership of sea water, the jurisdiction of the appellant, an…

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• Public Land Management
• Water Resource Regulation
• State Agency Jurisdiction
• Definition Of Water Resource
• Ownership Of Sea Water

Water Resources Management Authority v Kensalt Limited

Water Resources Management Authority v Kensalt Limited [2014] KEELC 144 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 28 of 2013

Judge

OA Angote

The court struck out a water-charge claim against a salt producer, holding that sea water was not a “water resource” under the Water Act for charging purposes.

• Public Land Management
• Water Resource Regulation
• Statutory Interpretation
• State Agency Mandate
• Statutory-interpretation
• Water-resource-regulation