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ELCStruck OutEnvironment & Land Petition E002 of 2023

Wafula (Suing as Intestate Estate Administrator's Nominee) & another v M/S Wekesa and Simiyu Advocates & 13 others

Environment and Land Court
28 November 2023
1,962 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling by Mogeni J of the Environment and Land Court at Nairobi disposed of two chamber summons applications filed by the applicants in Petition E002 of 2023, concerning land parcel LR No Ndivisi/Muchi/1265. The first application, dated 07/07/2023 and brought under Order 37 rules 3, 8 and 11 of the Civil Procedure Rules, sought the return of the court file to the trial judge, setting aside of practice directions and orders for a ruling scheduled for 10th July 2023, and an opportunity to be heard orally, alleging the registry had failed to notify litigants about filing hard copies after the COVID-19 lockdown directions. The second application sought, among other things, setting aside of the ruling delivered on 10th July 2023, declarations of access to justice rights under Articles 22, 50 and 159 of the Constitution, orders against the 1st respondent advocate for alleged fraud, and orders upholding verdicts reached between 1991 and 2014. None of the fourteen respondents filed a response. The court found the applications incomprehensible: they failed to identify the practice directions complained of, did not connect the complaints to the suit property, and did not disclose any violation of the petitioners' rights. Applying Anarita Karimi Njeru v Republic and Sophia Nyakerario Maina v Kenya Airports Authority, the court held the applications fell far below the required threshold and dismissed both with costs on 28th November 2023.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the two chamber summons applications dated 07/07/2023 and 17/07/2023 disclosed any relief capable of being granted
  2. 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

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01

Precision of pleadings in constitutional applications

Holding

The applications were so poorly drafted that the court could not identify the relief sought, warranting striking out

Reasoning

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.

p. 4
02

Whether the petition disclosed a violation of constitutional rights

Holding

The petition did not disclose any denial, violation, infringement or threat regarding the suit property

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.Both applications dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction over the petition concerning land parcel LR No Ndivisi/Muchi/1265

Relief refused

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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

p. 4

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

p. 5

Costs

Both applications dismissed with costs (costs to the respondents)

Quotable passages

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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.
p. 5Final orders - dismissal of both applications
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.
p. 4Limits of judicial indulgence towards unstructured pleadings
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
p. 4Anarita Karimi Njeru precision standard
Given this kind of a scenario invariably, as a court I am therefore presented with no other choice but to strike out the applications.
p. 5Striking out of incoherent applications

Issues in the judgment

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minor

Judgment describes striking out the applications but the disposition records dismissal with costs

minor

Second application referred to as dated 17/07/2023 in analysis though the ruling earlier describes it without a date

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.