Silas Abong'o Amollo v Jane Atieno Nyandiga & 3 others
The bottom line
#The Environment and Land Court dismissed a landowner's constitutional petition because he pleaded his case vaguely and ignored an available judicial review remedy.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the petition meets the threshold of a constitutional petition
- 2.If the answer for (a) above is in the affirmative, whether the petitioner is entitled to the remedies sought in the petition
- 3.Who should meet the costs of the petition
Key legal issues
#Whether the petition met the threshold of a constitutional petition
It did not; the pleaded violations lacked precision and the dispute concerned statutory/ordinary land and succession rights, not fundamental rights
Applying Anarita Karimi Njeru and Mumo Matemo, the court found the petition did not particularise the manner of violation. Relying on Okutoyi and Murage, breaches of statute or ordinary land claims must be pursued through statutory or ordinary civil remedies, not a constitutional petition. The petitioner also had an unexhausted judicial review remedy.
Whether the petitioner was entitled to the remedies sought
No; having failed the constitutional threshold, the petitioner was not entitled to the reliefs sought
Since the petition failed to meet the constitutional threshold, the consequential question was answered against the petitioner. The court noted the petitioner had obtained leave in Kisii High Court Misc. Civil Case No. 53 of 2009 to file judicial review but his advocate failed to file it in time; that was the proper avenue.
Legal principles established
#- A party alleging violation of rights in constitutional litigation must plead with reasonable precision the manner of the alleged violation
- Where an alternative remedy exists in the ordinary civil courts or under statute, a party ought not to invoke constitutional jurisdiction
Court orders
#- 1.The petition is dismissed for lack of merit
- 2.Each party to bear own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act, 2015 (2011)
Relief refused
#Conservatory/preservatory orders staying eviction, deregistration or cancellation/substitution of title to LR Kanyada/Kanyango Kalanya/456
Petition did not meet the threshold of a constitutional petition
Declaration that the Asego Division Land Dispute Tribunal award of 22nd January 2009 and resultant SRM proceedings are illegal, null and void
No constitutional issues warranting adjudication; alternative remedies existed
Order of certiorari quashing the Tribunal decision and the resultant SRM proceedings
Best remedy was the judicial review application for which leave had already been obtained but not pursued
Costs of the petition borne by the respondents
Court ordered each party to bear own costs
Costs
Each party to bear own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is therefore, my considered view that there are no constitutional issues that warrant adjudication by this court.
where there is an alternative remedy of filing a suit in the ordinary civil courts, a party ought not to invoke the jurisdiction of the constitutional court
Where there exists an alternative remedy through statutory law, then it is desirable that such a statutory remedy should be pursued first
Wherefore, this petition lacks merit and it is hereby dismissed.
By the nature of this petition, each party to bear own costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Silas Abong'o Amollo v Jane Atieno Nyandiga & 3 others", Case Analysis (2023). Petition 1 of 2022 (Formerly Migori ELC Petition No. 8 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20757/eng@2023-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.