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ELCStruck OutEnvironment and Land Petition E020 of 2024· [2026] KEELC 5779 (KLR)

Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 6 others

Environment and Land Court
24 September 2026
YAY. M. Angima
1,814 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court struck out a church's challenge to Kenya's 2009 noise regulations because a separate appeal win removed the live dispute.

What this practically means

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Executive summary

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The petitioner, a church, challenged the constitutionality of the National Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations 2009, alleging they were implemented without public participation and violated its freedom of worship under Article 32. It sought declarations, certiorari quashing the Regulations and the NET decision in NET Appeal No. E007 of 2023, prohibition against the Tribunal, and certification under Article 165(4). The trigger was a NET judgment of 19.11.2024 ordering the church to sound-proof its premises to abate noise pollution. NEMA raised a preliminary objection on exhaustion and constitutional avoidance, which was upheld in part on 06.11.2025, directing amendment to exclude challenges to the Tribunal's decision, that decision being subject to a separate appeal under Section 130 of EMCA. By a judgment dated 19.03.2026 in Mombasa ELCLA E051 of 2024, the court allowed the church's appeal, holding that NET lacked jurisdiction because noise control was no longer within NEMA's mandate. Applying the mootness and ripeness principles from Ndii (Supreme Court), Angima J held that with the Tribunal's judgment set aside, the petitioner was no longer aggrieved and no live controversy remained; the constitutional question was not ripe for determination. The petition was struck out with no order as to costs.

Key legal issues

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Mootness/ripeness of the constitutional challenge to the 2009 Noise Regulations

Holding

The petition was struck out as not ripe; the setting aside of the NET judgment removed the live grievance

Reasoning

The petition was precipitated by the Tribunal's order that the petitioner sound-proof its church under the impugned Regulations. In the separate appeal (Mombasa ELCLA E051 of 2024), this court on 19.03.2026 held NET lacked jurisdiction over noise pollution as NEMA no longer had that mandate, and set aside the Tribunal judgment. The petitioner was therefore no longer aggrieved, and the constitutional question was academic and not ripe for determination.

p. 4

Legal principles established

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  • Legal proceedings should be confined to real and live issues; courts should not entertain moot or academic controversies

Court orders

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  1. 1.The petition dated 10.09.2024 and amended on 18.02.2025 struck out
  2. 2.No order as to costs
Jurisdiction invoked
Articles 69(1)(d), 118(1)(b), 262(7), 32 and 165 of the Constitution of Kenya (petition invoking constitutional jurisdiction of the Environment and Land Court)

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, "Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 6 others", Case Analysis (2026). Environment and Land Petition E020 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5779/eng@2026-09-24

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