Patrick Karanja Mwahuki & 2 others v Governor Lee Kinyanjui & 2 others; Ngati Farmers Cooperative Society (Interested Party) [2021] KEELC 4177 (KLR)
The bottom line
#Nakuru's Environment and Land Court ruled that a county-appointed committee's report was only advisory, so residents could not have it declared unconstitutional or cancelled.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Environment and Land Court
The court has jurisdiction over the petition as it concerns conflicts within a land buying cooperative and land disputes with attendant property rights allegations
Under Article 162 and Section 13 of the ELC Act, the court has jurisdiction over environment and land matters including title to land and related fundamental rights. The petition concerns appointment of a committee to look into conflicts within a land buying cooperative society and land disputes, with allegations of infringement of the right to property, and therefore falls within the court's jurisdiction.
Constitutionality of the Governor's appointment of the Ad Hoc Committee
The appointment was not unconstitutional; the Governor acted within devolved functions and Article 159(2)(c) ADR mechanisms, and the committee's report was merely recommendatory
Cooperative societies and county planning and development are devolved functions under Part 2 of the Fourth Schedule. The Governor did not purport to exercise judicial authority or the Co-operative Tribunal's jurisdiction; the report's recommendations have no binding effect and statutory entities would have to follow their own procedures before acting. Substance, not the Article 159(2)(c) label, controls.
Whether the petitioners were accorded a fair hearing
The petitioners were accorded an opportunity to be heard
A public notice was published in the Nation newspaper on 6th January 2019 inviting stakeholders to submit memoranda, and the petitioners appeared before the committee on 16th January 2019, 1st February 2019 and 24th February 2019, with material including a picture placed before the court demonstrating their participation.
Legal principles established
#- A court cannot arrogate to itself jurisdiction exceeding that conferred by the Constitution or written law
- Implicit in the right to a fair hearing is the right to know in advance the allegations against one and a reasonable opportunity for rebuttal
- Substance rather than nomenclature governs whether a body purported to exercise judicial authority; non-binding recommendations do not amount to exercise of judicial power
Court orders
#- 1.The petition is dismissed
- 2.Each party to bear own costs
- Jurisdiction invoked
- Article 162 of the Constitution and Section 13 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Karanja Mwahuki & 2 others v Governor Lee Kinyanjui & 2 others; Ngati Farmers Cooperative Society (Interested Party) [2021] KEELC 4177 (KLR)", Case Analysis (2021). Petition dated 2nd October 2020 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4177/eng@2021-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.