Wafula (Suing as Intestate Estate Administrator's Nominee) & another v M/S Wekesa and Simiyu Advocates & 13 others
The bottom line
#The Environment and Land Court dismissed both applications because they were too vague and disorganised to show any rights violation or clear relief sought.
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 two chamber summons applications dated 07/07/2023 and 17/07/2023 disclosed any relief capable of being granted
- 2.Whether the court should set aside practice directions and the ruling delivered on 10th July 2023 as sought by the applicant
Key legal issues
#Precision of pleadings in constitutional applications
The applications were so poorly drafted that the court could not identify the relief sought, warranting striking out
The court applied the Anarita Karimi Njeru standard requiring reasonable precision in alleging constitutional infringements. The applicant's applications were jumbled, did not identify the practice directions complained of, and did not connect the complaints to the suit property, leaving the court unable to grant any prayer.
Whether the petition disclosed a violation of constitutional rights
The petition did not disclose any denial, violation, infringement or threat regarding the suit property
Relying on Sophia Nyakerario Maina v Kenya Airports Authority, the court noted that a petitioner who fails to prove violation of constitutional rights is entitled to no relief. Here the petition did not disclose any violation concerning LR No Ndivisi/Muchi/1265.
Legal principles established
#- A party seeking constitutional redress must set out with reasonable precision the provisions alleged to be infringed and the manner of infringement
- A petitioner who fails to establish violation of constitutional rights is not entitled to any relief
Court orders
#- 1.Both applications dismissed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the petition concerning land parcel LR No Ndivisi/Muchi/1265
Relief refused
#Setting aside of practice directions and the ruling delivered 10th July 2023
Applications were jumbled and did not disclose with precision what was sought or how it related to the suit property
All other prayers in the two chamber summonses (declarations, stays, reinstatement orders, compelling orders)
Applicant failed to make out the necessary legal basis for the prayers; applications struck out
Costs
Both applications dismissed with costs (costs to the respondents)
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.
The upshot there is that both application are hereby dismissed with costs.
The seat of justice is not a space to be used for a game of "mingle mingle mingle". Otherwise one risks coming out with "spaghetti" type of pleadings/ applications like what I have before me.
he should set with reasonable degree of precision that of which he complains the provisions said to be infringed and the exact manner in which they are alleged to be infringed
Given this kind of a scenario invariably, as a court I am therefore presented with no other choice but to strike out the applications.
Issues in the judgment
#Judgment describes striking out the applications but the disposition records dismissal with costs
Second application referred to as dated 17/07/2023 in analysis though the ruling earlier describes it without a date
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wafula (Suing as Intestate Estate Administrator's Nominee) & another v M/S Wekesa and Simiyu Advocates & 13 others", Case Analysis (2023). Environment & Land Petition E002 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21840/eng@2023-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.