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ELCDismissednotice of motion application dated 3rd November 2025

Okelleo & another v Kilonzo & 2 others (Environment and Land Case E554 of 2025) [2026] KEELC 226 (KLR)

Environment and Land Court
21 January 2026
1,725 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a neighbour's suit over aggressive dogs in an apartment building because dog control belongs to county law, not the Environment and Land Court.

What this practically means

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Executive summary

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The Applicants, residents of apartment B705 at Orchid Residency, moved the court by notice of motion dated 3rd November 2025 seeking temporary injunctions to restrain the 1st Defendant, their door neighbour in B704 who owns two dogs, from allowing unmuzzled or unrestrained dogs in common areas, and to compel the 2nd and 3rd Defendants, the residence managers, to enforce the Residency Code of Conduct prohibiting pets in common areas. The Applicants deponed that the dogs barked aggressively at their family, causing fear and panic, and that complaints to the managers went unheeded. The 1st Defendant filed a notice of preliminary objection dated 1st December 2025 and a replying affidavit, denying the allegations, asserting the dogs were trained and leashed, and contending that the court lacked jurisdiction since the dispute falls under the Nairobi City County Dog Control and Welfare Act, 2015, and belongs before a court of civil jurisdiction, not the Environment and Land Court. Relying on Mukisa Biscuits Ltd v West End Distributors Ltd, the court found the objection a valid point of law. Examining Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, Judge Mohammed N. Kullow held that dog control and welfare disputes do not relate to use and occupation of, or title to, land, nor to environmental planning and protection. The matter falls under county legislation on animal control, a devolved function, and the appropriate forum is the Magistrate's Court or, where applicable, the High Court. The preliminary objection was upheld, the application and entire suit dismissed for want of jurisdiction, with each party bearing their own costs.

Questions the Court framed

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

  1. 1.Whether the notice of preliminary objection is merited

Key legal issues

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01

Jurisdiction of the Environment and Land Court over dog control and welfare disputes in residential apartments

Holding

The ELC lacks jurisdiction as such disputes fall under county legislation (Nairobi City County Dog Control and Welfare Act, 2015) and relate to animal control, a devolved function, not land use, occupation or title

Reasoning

The court analysed Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act which grant jurisdiction over disputes relating to environment and land, including use and occupation of, and title to, land. It held that a dispute about care and control of dogs in common areas of a residential building does not inherently relate to use and occupation of land or environmental planning and protection. It is a county-level animal control matter under the Nairobi City County Dog Control and Welfare Act, 2015.

p. 4
02

Validity of the preliminary objection

Holding

A preliminary objection on jurisdiction is a valid point of law capable of disposing of the suit and was merited in this case

Reasoning

The court adopted the classic definition in Mukisa Biscuits Ltd v West End Distributors Ltd that a preliminary objection consists of a point of law which, if argued as a preliminary point, may dispose of the suit, giving jurisdiction as an example. Since the 1st Defendant's objection was purely on jurisdiction, it qualified as a valid preliminary objection and, having succeeded on jurisdiction, warranted dismissal of the suit.

p. 3

Legal principles established

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  • The Environment and Land Court's jurisdiction is limited to proprietary land and environmental issues; disputes on dog control and welfare fall under county legislation and belong before the Magistrate's Court or High Court

Court orders

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  1. 1.The notice of preliminary objection is merited and the application and entire suit are dismissed for want of jurisdiction
  2. 2.Each party to bear their own costs

The bench

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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, No. 19 of 2011

Relief refused

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Temporary injunction restraining the 1st Defendant from allowing unmuzzled or unrestrained dogs in common areas of Orchid Residency

The court lacks jurisdiction as the dispute falls under the Nairobi City County Dog Control and Welfare Act, 2015

p. 5

Orders compelling the 2nd and 3rd Defendants to enforce the residency and safety provisions of the Residency Code of Conduct

The court lacks jurisdiction as the dispute falls under the Nairobi City County Dog Control and Welfare Act, 2015

p. 5

Costs

Each party to bear costs.

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 notice of preliminary objection is merited and the application and entire suit should be dismissed for want of jurisdiction.
p. 5dismissal for want of jurisdiction
it does not fall within the specific constitutional and statutory mandate of the ELC, which primarily deals with proprietary land and environmental issues.
p. 4scope of ELC jurisdiction
jurisdiction is everything and without it, a court has no power to make one more step.
p. 3jurisdiction principle (cited from Lillian S case by counsel)

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, "Okelleo & another v Kilonzo & 2 others (Environment and Land Case E554 of 2025) [2026] KEELC 226 (KLR)", Case Analysis (2026). notice of motion application dated 3rd November 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/226/eng@2026-01-21

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