Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition dated 29th July 2024· [2025] KEELC 5041 (KLR)

Gor & another v County Government of Homa-Bay & 8 others; County Director of Environment (Interested Party) (Petition E001 of 2024) [2025] KEELC 5041 (KLR)

Environment and Land Court
30 June 2025
8,505 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~34 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court dismissed a petition challenging Homabay's land lease because it was too vague to identify any actual constitutional violations.

What this practically means

#

Executive summary

#
The Petitioners filed a Petition dated 29th July 2024 challenging a deal between the County Government of Homabay and the County Pension Fund to construct the Governor's office on a five-acre parcel, Kanyada/Kanyabala/3537, alleging lack of County Assembly approval, absence of public participation, failure to follow change-of-user procedures, and breaches of Articles 10, 35, 40, 46, 47 and related provisions. They sought declarations, an order quashing the lease, restoration of the Araujo agricultural project, and each party to bear own costs. The 1st, 2nd, 3rd, 5th, 6th and 9th Respondents raised a Preliminary Objection contending the court lacked jurisdiction under sections 129 of EMCA, 9 of the Public Procurement and Asset Disposal Act and the Access to Information Act exhaustion requirements, and that the Petition disclosed no constitutional violations. The court, applying Mukisa Biscuit, held the EMCA and PPADA limbs of the objection failed since the Petition concerned neither licensing nor procurement. However, it found the Petition breached the Anarita Karimi Njeru precision threshold: it was vague, confused public and private property, alleged violations of Articles 24, 25, 48, 50 and 159 without any nexus, and disclosed no particulars of denial of information. The Preliminary Objection was allowed and the Petition dismissed with costs to the Respondents on 30th June 2025.

Key legal issues

#
01

Whether section 129 of EMCA ousts the court's jurisdiction

Holding

The Preliminary Objection on this ground failed because the dispute concerns alleged constitutional violations arising from the leasing and development of land, not NEMA licensing decisions appealable to the Tribunal

Reasoning

The court contrasted section 129(1) of EMCA, which confines Tribunal appeals to licence and environmental order decisions, with section 13(1) of the Environment and Land Court Act conferring original jurisdiction over environment and land disputes. The Petition sought relief over the building of the Governor's office on Kanyada/Kanyabala/3537 and attendant rights threats, not the grant or refusal of a licence, so the Tribunal was not the appropriate forum.

p. 12
02

Whether section 9 of the Public Procurement and Asset Disposal Act ousts jurisdiction

Holding

This limb also failed because the Petition disclosed no procurement activity within the Authority's mandate

Reasoning

Section 9 lists the functions of the Public Procurement Regulatory Authority over procurement planning, processing, asset management, disposal and contract management. The court found nothing about procurement in the Petition; it referred only to a 'lease 2023' and a Bill. Without a procurement matter, the statutory forum under the PPADA was not implicated.

p. 13
03

Whether the Petitioners failed to exhaust remedies under the Access to Information Act

Holding

The objection would have succeeded only to the extent of failure to show any violation regarding disclosure of information, since Article 35 was merely mentioned in the prayers without particulars

Reasoning

Sections 9, 11, 14 and 22 of the Access to Information Act channel information complaints to the Commission on Administrative Justice. The court found the Petitioners never disclosed that they sought information and were refused, and no Article 35 violation was pleaded in the body of the Petition. The objection therefore succeeded only on that narrow ground.

p. 13
04

Whether the Petition discloses constitutional violations

Holding

The Petition did not meet the Anarita Karimi Njeru threshold; it was vague, imprecise and disclosed no constitutional violations, so the Preliminary Objection was allowed and the Petition dismissed

Reasoning

Applying Anarita Karimi Njeru and Mumo Matemo, the court found the Petition oscillated between a 'lease 2023', a 'lease' and a 'bill', pleaded no nexus between the lease and Articles 24, 25, 48, 50 and 159, confused private property protections under Article 40 with public property, and gave no particulars of the alleged absence of public participation. It was 'a grope in darkness' incapable of determination.

p. 16

Legal principles established

#
  • A preliminary objection arises on a point of law only; factual matters or matters requiring the exercise of judicial discretion do not qualify
  • The National Environment Tribunal's jurisdiction under section 129 of EMCA is limited to licensing matters and does not extend to constitutional petitions alleging environmental rights violations
  • A constitutional petition must be pleaded with precision, identifying the provisions infringed and the manner of infringement, per the Anarita Karimi Njeru standard

Court orders

#
  1. 1.The Preliminary Objection is allowed
  2. 2.The Petition dated 29th July 2024 is dismissed with costs to the Respondents
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13(1) of the Environment and Land Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Gor & another v County Government of Homa-Bay & 8 others; County Director of Environment (Interested Party) (Petition E001 of 2024) [2025] KEELC 5041 (KLR)", Case Analysis (2025). Petition dated 29th July 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5041/eng@2025-06-30

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