Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedMemorandum of Appeal dated 14/07/2023

Mugo & another v Riverside Court Welfare Group & another (Environment and Land Appeal E001 of 2023) [2026] KEELC 983 (KLR)

Environment and Land Court
24 February 2026
2,899 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that a county cannot penalize a developer for unauthorized building after accepting regularization fees without explaining why the payment was rejected.

What this practically means

#

Executive summary

#
This is an appeal to the Environment and Land Court at Thika against the decision of the Kiambu County Physical Land Use Planning Liaison Committee delivered on 16/06/2023, which upheld an Enforcement Notice issued by the Chairperson of Kiambu County Physical and Land Use Planning against the Appellants, who had constructed a residential building without prior approvals. The Appellants argued that they had applied for regularization, paid a penalty of Kesh 208,510 under Part 8 of the Fourth Schedule of the Kiambu County Finance Act, 2021, and that the enforcement notice was therefore overtaken by events. They also challenged the Committee's jurisdiction and compliance with Section 79 of the Physical and Land Use Planning Act. The 1st Respondent, a welfare group, maintained that the Appellants defied the stop order and could not hide behind the doctrine of double jeopardy. The court framed three issues: whether payment of regularization fees nullifies an enforcement notice, whether the County is estopped from enforcing after accepting fees, and whether the Committee failed to consider evidence of compliance. Holding that regularization is a process and payment only a procedural step, the court nonetheless found that upholding an enforcement notice after collecting regularization fees without a Notice of Refusal violated the Fair Administrative Action Act and Article 47. The appeal was allowed, the Committee's decision set aside, and the Enforcement Notice quashed conditionally upon the Appellants providing proof of final approved building plans within 30 days, with each party bearing their own costs.

Questions the Court framed

#

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

  1. 1.Whether payment of regularization fees constitutes a 'pardon' or approval that nullifies an enforcement notice
  2. 2.Whether the 2nd Respondent is estopped from enforcing a stop-order after accepting fees
  3. 3.Whether the County Liaison Committee failed to consider the evidence of compliance

Key legal issues

#
01

Whether payment of regularization fees nullifies an enforcement notice

Holding

Payment of fees is a procedural step that does not automatically cure substantive defects; it does not constitute a pardon or approval unless a formal letter of approval is issued

Reasoning

Relying on Kenya Conservative Forum v County Government of Nairobi, the court held that payment of fees to a County Government does not by itself bypass planning standards. Regularization is a process, and payment is merely procedural; substantive defects such as building a multiple dwelling in a single dwelling area are not cured unless a formal letter of approval issues. The Appellants did not present such approval to the Committee.

p. 5
02

Whether the County is estopped from enforcing after accepting regularization fees (legitimate expectation)

Holding

Acceptance of regularization fees without a Notice of Refusal, while still demanding compliance with the enforcement notice, amounts to unreasonable administrative action under Article 47 and violates the Fair Administrative Action Act

Reasoning

The court reasoned that once an authority accepts a penalty meant to regularize an act, it is generally barred from punishing the party again for the same act unless new breaches occur. To take the money and still demand a stop-work order without refunding the fee or explaining rejection of the plans is unreasonable. For legitimate expectation to arise there must be a clear, unambiguous representation (Republic v KRA Ex parte Mutritiri).

p. 6
03

Whether the Liaison Committee failed to consider the evidence of compliance

Holding

The Committee erred by failing to examine the nexus between the payment made and the status of the regularization application

Reasoning

The court found the Committee's decision flawed because it did not interrogate whether the regularization payment and pending application had altered the position such that the enforcement notice was overtaken by events. The Committee also directed compliance without the 2nd Respondent demonstrating that the development remained a threat to public safety after accepting the fees.

p. 6

Legal principles established

#
  • Payment of regularization fees is only a procedural step and does not by itself grant a right to bypass planning standards; regularization is a process requiring formal approval
  • Where an authority accepts regularization fees, it must either issue a Certificate of Approval or give reasons why the payment was insufficient, rather than issue a further enforcement order

Court orders

#
  1. 1.The Appeal is hereby allowed
  2. 2.The decision of the Kiambu County Physical and Land Use Planning Liaison Committee is hereby set aside
  3. 3.The Enforcement Notice issued by the 2nd Respondent is quashed, on condition that the Appellant provides proof of the final approved Building Plan drawings within 30 days
  4. 4.If the 2nd Respondent finds the development fundamentally unsound, it must issue a fresh, reasoned report and provide the Appellant an opportunity to be heard before further enforcement
  5. 5.Each party to bear their own costs

The bench

#

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

majority

Wrote the judgment

On appeal from
Kiambu County Physical Land Use Planning Liaison Committee
Jurisdiction invoked
Appellate jurisdiction over the decision of the Kiambu County Physical Land Use Planning Liaison Committee under the Physical and Land Use Planning Act (PLUP), 2019, with the Court noting the supervisory role of the Environment and Land Court under Article 162 of the Constitution

Relief refused

#

Compulsion of the 2nd Respondent to grant the necessary licences for commencement of the stalled construction

The quashing of the Enforcement Notice was conditional; the Appellant must first provide proof of final approved building plans within 30 days, failing which the 2nd Respondent may issue a fresh, reasoned report before further enforcement

p. 6

Costs

Each party to bear their own costs

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.

In essence, regularization is a process, not just a payment. While the Physical and Land Use Planning Act (PLUP) allows for the regularization of developments, the payment of a fee is a procedural step.
p. 5Regularization of unauthorized development
to uphold an enforcement notice after collecting regularization fees without a Notice of Refusal is indeed a violation of the Fair Administrative Action Act.
p. 6Fair administrative action and legitimate expectation
a. The Appeal is hereby allowed. b. The decision of the Kiambu County Physical and Land Use Planning Liaison Committee is hereby set aside.
p. 6Final orders - disposal of the appeal
If the 2nd Respondent find the development fundamentally unsound where it violates the single dwelling plan in the 1st Respondent’s zoned area, they must issue a fresh, reasoned report and provide the Appellant an opportunity to be heard before further enforcement.
p. 6Condition attaching to quashing of enforcement notice
e. Each party to bear their own costs.
p. 6Costs order

Issues in the judgment

#
minor

The judgment inconsistently refers to the Physical and Land Use Planning Act as both PLUP 2019 and PLUP 2013

minor

The Appellants are described inconsistently - the memorandum grounds and prayer reference the Appellants proving a case against the Riverside Court Welfare Group, yet the Appellants were the Respondents before the Committee and the appeal is against the Committee's upholding of an enforcement notice against them

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mugo & another v Riverside Court Welfare Group & another (Environment and Land Appeal E001 of 2023) [2026] KEELC 983 (KLR)", Case Analysis (2026). Memorandum of Appeal dated 14/07/2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/983/eng@2026-02-24

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