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ELCDismissedNotice of Motion Application dated 30.10.2025 (arising out of a Petition)· [2026] KEELC 3549 (KLR)

Lepakkiras & 7 others v Sereolopi Community Land Management Committee (CMLC) & 7 others (Environment and Land Petition E005 of 2025) [2026] KEELC 3549 (KLR)

Environment and Land Court
8 June 2026
6,374 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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Sereolipi community members lost their bid to block a land lease after failing to prove their consultation claims in an interlocutory application before the Isiolo Environment and Land Court.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Isiolo (Oguttu Mboya, J) on a Notice of Motion dated 30.10.2025 filed by members of the Sereolipi community seeking interim injunctive, prohibitory, mandatory and disclosure reliefs pending the hearing of a petition challenging an intended lease of Sereolipi community land to an investor. The Applicants alleged the lease lacked community approval and adequate public participation and would cause food insecurity, economic deprivation and displacement. The 1st and 2nd Respondents (the community land management body), the 3rd Respondent (the investor), the 4th, 5th and 8th Respondents opposed; the County Government of Samburu filed no response. The court framed four issues. First, it held no prima facie case was established: the Applicants failed to controvert minutes and resolutions showing community engagements, and whether public participation met the threshold is a matter for plenary hearing. Second, the 3rd Respondent was properly joined as a necessary party, being the conceded beneficiary of the lease. Third, the 5th (Land Registrar Nyahururu), 6th (County Government of Samburu) and 7th (National Land Commission) Respondents were improperly sued, the land being duly registered. The court also held that conservatory orders canvassed only in submissions could not be entertained, and that disclosure claims under Article 35 fell outside the ELC's mandate and bypassed the Access to Information Act mechanism. The application was dismissed in its entirety, the petition against the 5th, 6th and 7th Respondents was struck out, and costs were awarded to the Respondents, to be agreed or taxed.

Key legal issues

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01

Whether a prima facie case was established for temporary injunction

Holding

No prima facie case established; the Applicants failed to place credible evidence that the community was not consulted, and minutes of engagements annexed by the Respondents were not controverted

Reasoning

The Applicants bore the burden of proving lack of consultation and informed consent. They did not adduce evidence to controvert the minutes and resolutions annexed by the 1st, 2nd and 3rd Respondents showing engagements with the community. Whether the engagements met the qualitative and quantitative threshold of public participation is a matter for plenary hearing with evidence and cross-examination, not an interlocutory application. Absent a prima facie case, the injunction must fail.

p. 7
02

Whether the 3rd Respondent was improperly joined

Holding

The 3rd Respondent is properly joined and is a necessary party, being the conceded beneficiary of the intended lease

Reasoning

The 3rd Respondent conceded it is the investor in whose favour the lease is being issued and is engaged in ongoing negotiations. It cannot deny a cause of action against itself while claiming the benefit of the lease (approbating and reprobating). Striking it out risks its rights and interests being affected without participation, contrary to Articles 47 and 50 of the Constitution. Applying the definition of cause of action in Kigwor Company Limited v Samedy Trading Company Limited, a cause of action exists against it.

p. 8
03

Whether the 5th, 6th and 7th Respondents were properly sued

Holding

The 5th, 6th and 7th Respondents were improperly joined; the petition against them was struck out

Reasoning

The community land is duly registered with a certificate of title, so the County Government's custodianship under Section 6 of the Community Land Act ceased and management vests in the CLMC. The Land Registrar Nyahururu, appointed under the Land Registration Act, has no mandate over community land, which is the domain of the Community Land Registrar. The National Land Commission's mandate under Articles 67 and 68 extends only to public land. Their joinder was founded on misapprehension of the law.

p. 9
04

Whether conservatory orders canvassed only in submissions could be granted

Holding

No - a party cannot seek a new relief through submissions without amending the application

Reasoning

The Applicants raised conservatory orders for the first time in their written submissions, although the notice of motion did not seek them. Introducing a new relief through submissions amounts to smuggling the issue through the back door. The correct course was to amend the application. Citing IEBC v Stephen Mutinda Mule and Emuria v Sambu, the court held the issue was not available for consideration.

p. 12
05

Whether the court could compel disclosure of accounts and records under Article 35

Holding

No - Article 35 does not fall within the mandate of the Environment and Land Court and the Applicants bypassed the Access to Information Act mechanism

Reasoning

Following Aluochier v Senate and Njonjo Mue v IEBC (Supreme Court), citizens seeking information held by state organs must follow the prescribed procedure under the Access to Information Act, including application to the custodian and review by the Commission on Administrative Justice. The Applicants' approach was unorthodox, premature and misconceived, and Article 35 enforcement falls outside the ELC's mandate.

p. 11

Legal principles established

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  • Failure to establish a prima facie case defeats the grant of an order of temporary injunction
  • A party cannot introduce a new relief through written submissions; the application must be amended
  • Upon registration of community land, the County Government's role as custodian ceases and management vests in the Community Land Management Committee
  • A party cannot approbate and reprobate - one who concedes being the beneficiary of a lease cannot simultaneously claim no cause of action exists against it
  • Citizens seeking information under Article 35 must follow the prescribed procedure under the Access to Information Act

Court orders

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  1. 1.The Application dated the 30.10.2025 be and is hereby Dismissed
  2. 2.The Petition as against the 5th, 6th and 7th Respondents be and is hereby struck out
  3. 3.Costs of the application be and are hereby awarded to the Respondents
  4. 4.Costs of the Petition (the limb of the Petition struck out) be and are hereby awarded to 5th, 6th and 7th Respondents
  5. 5.The costs shall be agreed upon and in default be taxed in the conventional manner
Jurisdiction invoked
Articles 2, 3, 10, 11, 21, 22, 23, 40, 42, 43, 47, 56, 60, 63, 69 and 159 of the Constitution; Sections 6 and 16 of the Community Land Act, 2016

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, "Lepakkiras & 7 others v Sereolopi Community Land Management Committee (CMLC) & 7 others (Environment and Land Petition E005 of 2025) [2026] KEELC 3549 (KLR)", Case Analysis (2026). Notice of Motion Application dated 30.10.2025 (arising out of a Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3549/eng@2026-06-08

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