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ELCOtherNot stated in the judgment (constitutional petition, Environment and Land Court, Thika)· [2024] KEELC 5057 (KLR)

Odhiambo v Trustees of Full Gospel Church of Kenya & 2 others (Environment & Land Petition E008 of 2023) [2024] KEELC 5057 (KLR)

Environment and Land Court
24 June 2024
BEB M Eboso
1,048 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that only formal parties to a case can claim legal costs — receiving court documents on someone's behalf doesn't count.

What this practically means

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Executive summary

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This is a costs ruling arising from a constitutional petition by Justin Peter Odhiambo against the Full Gospel Church of Kenya, the County Government of Kiambu and the National Environment Management Authority. The petitioner complained that the church persistently played loud music and emitted excessive noise at night and in the early morning using amplifying equipment, causing noise pollution that affected his tenants and their children, and that the respondents' inaction violated his rights under Articles 27, 28, 42, 43 and 47 of the Constitution. He sought declarations, mandatory injunctions to sound-proof the church, cease vigils and enforce closure notices, general damages and costs. The substantive petition did not fall for determination in this ruling. After the petitioner obtained leave to amend the petition to substitute the Trustees of Full Gospel Church of Kenya for the Church, counsel for the Church orally sought costs for one Rev Peter Kaminju Karanja, who had been served with pleadings in a related contempt application. The petitioner opposed, noting that Rev Karanja had never been joined as a party. The court held that costs in a Bill of Rights petition are discretionary under rule 26 of the Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, guided by the principle that costs follow the event as emphasised by the Supreme Court in Martha Wangari Karua v IEBC. Since Rev Karanja was not a party to the original or amended petition, nor named in the contempt application, receiving papers on behalf of the Church did not entitle him to costs. The oral plea for costs was rejected, with no award of costs on it.

Key legal issues

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01

Whether a non-party who received court papers on behalf of a party can be awarded costs

Holding

A person not sued as a respondent nor joined as an interested party cannot be awarded costs of a petition, even if he received papers on behalf of a party.

Reasoning

The court reasoned that costs in a Bill of Rights petition are discretionary and, per the Supreme Court in Martha Wangari Karua, follow the event. Costs are payable to a successful party. Rev Karanja was not a party to the original petition, the amended petition, or the contempt application; appearance was entered only on behalf of the Church. His receipt of contempt papers as the Church's agent gave him no entitlement to costs.

p. 3

Legal principles established

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  • Award of costs in a constitutional petition under the Bill of Rights is at the discretion of the court under rule 19 (rule 26) of the Protection of Rights and Fundamental Freedoms Practice and Procedure Rules, guided by the principle that costs follow the event.

Court orders

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  1. 1.The oral plea for costs by Rev Peter Kaminju Karanja through Mr Oyunge is rejected
  2. 2.No award of costs on the said oral plea

Authorities

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Legislation

  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rulesrule 26
  • Environment Management and Coordination (Noise and Excessive Vibration Pollution (Control)) Regulation 2009not specified
  • Constitution of Kenya 2010Articles 27, 28, 42, 43, 47; Chapter 6

Cases cited (1)

  • Martha Wangari Karua v Independent Electoral and Boundaries Commission & 3 others
    [2019] eKLR, Petition 3 of 2019
Jurisdiction invoked
Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, rule 26 (costs in a constitutional petition are discretionary)

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, "Odhiambo v Trustees of Full Gospel Church of Kenya & 2 others (Environment & Land Petition E008 of 2023) [2024] KEELC 5057 (KLR)", Case Analysis (2024). Not stated in the judgment (constitutional petition, Environment and Land Court, Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5057/eng@2024-06-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.