Lawrence Njeru Munyi & 10 others v Musa Njau Mithuro & 2 others [2020] KEELC 2048 (KLR)
The bottom line
#The Environment and Land Court dismissed a constitutional petition because ordinary civil court disputes must be resolved through appeals, not constitutional filings.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition raises constitutional issues
No. The grievances arise from ordinary civil proceedings before courts of competent jurisdiction, with an appellate mechanism available and previously exhausted without success
The Petitioners' complaints flowed from the decree and orders of the Chief Magistrate's court in litigation spanning forty years. Any irregularities in civil proceedings do not necessarily raise constitutional issues where appeal mechanisms exist, and a limitation defence does not constitute a constitutional issue.
Whether the Petitioners demonstrated violation of constitutional rights
No; the issue is moot given the absence of constitutional issues, and in any event the Petitioners were guilty of non-disclosure of material facts disentitling them to any remedy
The court had earlier found, in its ruling of 28th March 2019, that the Petitioners concealed prior applications and appeals concerning the same subject matter. Such non-disclosure is sufficient to warrant dismissal of a constitutional application.
Entitlement to reliefs and costs
Petitioners not entitled to any relief; costs awarded to the 1st Respondent as the successful party under section 27 of the Civil Procedure Act
The petition raised no constitutional issues and was mischievously filed solely to forestall execution of a lawful decree. Costs follow the event, and no good reason was shown why the successful party should not be awarded costs.
Legal principles established
#- The Constitution is not a general substitute for normal procedures; where a claim can be founded under substantive law, the proper course is to bring the claim under that law and not under the Constitution
- Where a specific procedure is provided by law for redress of a grievance, that procedure must be strictly followed
- Res judicata applies to constitutional matters; an unchallenged court order cannot be the basis of a constitutional application; non-disclosure of material facts warrants dismissal
Court orders
#- 1.The petition filed on 21st September 2018 is dismissed in its entirety
- 2.The 1st Respondent is awarded costs of the petition to be borne by the Petitioners jointly and severally
- Jurisdiction invoked
- Articles 22(1), 23(1) and 165(3)(b) of the Constitution of Kenya 2010; Environment and Land Court Act Section 13
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lawrence Njeru Munyi & 10 others v Musa Njau Mithuro & 2 others [2020] KEELC 2048 (KLR)", Case Analysis (2020). E.L.C. Constitutional Petition No. 4 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2048/eng@2020-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.