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ELCOtherELCLPET NO. E004 OF 2025· [2026] KEELC 5798 (KLR)

John Maigua Murigi Limited v Maxxis Company Limited & 3 others

Environment and Land Court
23 September 2026
1,981 words in judgment
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The bottom line

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A Kenyan court struck out a challenge to an LPG facility in Nanyuki, ruling the complainant should first use the Energy Act's regulatory and tribunal remedies.

What this practically means

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Executive summary

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The petitioner, John Maigua Murigi Limited, filed a petition dated 7 August 2025 in the Environment and Land Court at Nanyuki alleging that Maxxis Company Limited operates an LPG storage and refilling facility in the densely populated Sweetwaters area of Nanyuki in breach of zoning laws, environmental requirements and safety standards, and without public participation or environmental impact assessment. The petitioner sought declarations under Articles 42 and 70, a mandatory order to dismantle the facility, disclosure orders against EPRA and NEMA, and revocation of County Government of Laikipia approvals. Two preliminary objections were filed: the 1st respondent's (dated 1.12.2025) contending the petition failed the Anarita Karimi Njeru precision threshold and breached Rules 10(1) and 10(2) of the Mutunga Rules; the 2nd respondent EPRA's (dated 24.2.2026) contending the court lacked jurisdiction given the statutory regulatory framework under the Energy Act and Petroleum Act. The petitioner filed no response; only EPRA filed submissions. Applying Mukisa Biscuits, Mumo Matemu, Dhow House and Kibos Distillers, the court held the petition was sufficiently precise (dismissing the first objection) but that the issues raised fell within the statutory mechanisms of EPRA and the Energy and Petroleum Tribunal, engaging constitutional avoidance, judicial abstention and judicial restraint. The second objection was allowed and the entire petition struck out. Considering the public interest nature of the litigation, the court ordered each party to bear its own costs.

Key legal issues

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01

Whether the petition met the Anarita Karimi Njeru threshold of precision

Holding

The petition met the threshold; the PO dated 1.12.2025 was dismissed

Reasoning

The court found the petitioner clearly pleaded violation of the right to a clean and healthy environment under Articles 42 and 70, complaining that an LPG storage and refilling station was set up in a densely populated area. That constituted a clear and unmistakable plea, satisfying the precision requirement despite the absence of exhaustive constitutional citations.

p. 8
02

Whether the court should entertain the petition given the statutory dispute-resolution framework under the Energy Act

Holding

The PO dated 24.2.2026 was allowed; the petition was struck out

Reasoning

The petitioner itself pleaded non-compliance with the Energy Act, Petroleum Act and related Regulations, recognising a statutory framework. EPRA, established under Section 9 of the Energy Act, handles licensing and compliance disputes, and the Energy and Petroleum Tribunal under Sections 24 and 25 has original and appellate jurisdiction. The issues raised can adequately be determined through those statutory mechanisms, so constitutional avoidance, judicial abstention and judicial restraint apply.

p. 11

Legal principles established

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  • A preliminary objection is a point of law pleaded or arising by clear implication of the pleadings which, if argued as a preliminary point, may dispose of the suit
  • A constitutional petition must be pleaded with reasonable precision, citing the constitutional provisions alleged to be violated, but precision does not demand exactitude
  • Where alternative statutory remedies exist, a court should exercise restraint and decline to determine a constitutional petition (constitutional avoidance / judicial abstention)

Court orders

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  1. 1.The Preliminary Objection dated 1.12.2025 is dismissed
  2. 2.The Preliminary Objection dated 24.2.2026 is allowed
  3. 3.The Petition dated 7.8.2025 is struck out
  4. 4.Each party shall bear their own costs of the Petition and the Preliminary Objections
Jurisdiction invoked
Article 42 and 70 of the Constitution (environmental rights jurisdiction of the Environment and Land Court); jurisdiction contested under Section 36(1),(4)&(5) of the Energy Act, Cap 314

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, "John Maigua Murigi Limited v Maxxis Company Limited & 3 others", Case Analysis (2026). ELCLPET NO. E004 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5798/eng@2026-09-23

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