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ELCDismissedPetition dated 11th September 2020 (number not stated in judgment)· [2022] KEELC 683 (KLR)

Nyatete Nyakundi Justin & 17 others v Pyrethrum Processing Company of Kenya Limited [2022] KEELC 683 (KLR)

Environment and Land Court
24 March 2022
2,372 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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Ten petitioners, residential tenants of the respondent in Pyrethrum Estate 4 and Moi Flats, Nakuru, filed a constitutional petition after being served with three months' notices to vacate dated 4th June 2020. They sought a permanent injunction against eviction, a declaration that their leases were valid and in force, and an order compelling withdrawal of the eviction notices, claiming they were unfairly targeted and discriminated against. The respondent, through a replying affidavit of its Managing Director, did not dispute service of the notices but justified them as issued pursuant to a directive by the County Government of Nakuru requiring removal of asbestos from residential buildings in compliance with NEMA requirements, for which vacant possession was needed. It also raised rent arrears and contended the petition was premature and ought to have gone to the tribunal or a normal suit. The court framed two issues: whether the petition met the constitutional threshold, and whether the petitioners were entitled to the reliefs sought. Applying Anarita Karimi Njeru as reaffirmed in Mumo Matemu, the court found the petition did not plead which constitutional provisions were breached and how, and was therefore deficient. Relying on Patrick Mbabu Karanja, Godfrey Paul Olutoyi, George Owino Odhiambo and David Gathu Thuo, it held the landlord-tenant relationship was purely contractual, and breach of contract is a matter for the ordinary civil courts, not the constitutional jurisdiction. The petition was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the petition met the constitutional petition threshold

Holding

It did not; the petition failed to plead the constitutional provisions allegedly breached and how they were breached

Reasoning

Applying Anarita Karimi Njeru and Mumo Matemu, the court found the petition merely enumerated constitutional provisions in the heading without particurising the alleged violations. Without specificity the respondent could not answer the allegations, so the petition was deficient and fell far short of the requisite threshold for a constitutional petition.

p. 4
02

Whether the constitutional jurisdiction was properly invoked for a landlord-tenant dispute

Holding

No; the relationship was purely contractual and breach of contract is for the ordinary civil courts

Reasoning

The petitioners had executed one-year lease agreements with the respondent providing for renewal and termination by one month's notice. The relationship was contractual. Relying on Patrick Mbabu Karanja, Godfrey Paul Olutoyi and George Owino Odhiambo, the court held the Bill of Rights should not be invoked where other remedies exist, and such invocation dilutes the sanctity of the Bill of Rights.

p. 4
03

Whether the eviction notices were lawful and whether the petitioners were discriminated against

Holding

The court did not reach the merits; the petition was dismissed at the threshold stage

Reasoning

The respondent relied on the NEMA-driven directive by the County Government of Nakuru requiring removal of asbestos, and on Section 15 of the Rent Restriction Act and Section 107 of the Evidence Act. The petitioners' discrimination allegations were said to lack evidential support. However, the court dismissed the petition on jurisdictional/threshold grounds without determining the lawfulness of the notices.

p. 5

Legal principles established

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  • A constitutional petition must set out with reasonable precision the complaint, the constitutional provisions said to be infringed, and the manner of infringement
  • Purely contractual landlord-tenant disputes belong to the ordinary civil courts, not the constitutional jurisdiction
  • Rights conferred by statute are not fundamental rights under the Bill of Rights and breaches are redressed through ordinary suits

Court orders

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  1. 1.The petition is dismissed
  2. 2.Each party will bear their own costs of the petition

Authorities

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Legislation

  • Rent Restriction ActSection 15
  • Evidence Act Cap 80 Laws of KenyaSection 107
  • Constitution of KenyaArticle 165(3)(a)
  • NEMA Regulationsnot stated

Cases cited (6)

  • Anarita Karimi Njeru vs. Republic
    (1979) eKLR
  • Mumo Matemu -vs- Trusted Society of Human Rights Alliance & 5 others
    [2013] eKLR
  • Patrick Mbabu Karanja -vs- Kenyatta University
    (2012) eKLR
  • Godfrey Paul Olutoyi & Another -vs- Habil Olaka & Another
    (2018) eKLR
  • George Owino Odhiambo & 13 others -vs- Kenya Railways Corporation & Another
    (2020) eKLR
  • David Gathu Thuo -vs- Attorney General & Another
    (2021) eKLR
Jurisdiction invoked
Constitutional petition invoking the Bill of Rights (constitutional interpretative jurisdiction) - the court found it was wrongly invoked

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Nyatete Nyakundi Justin & 17 others v Pyrethrum Processing Company of Kenya Limited [2022] KEELC 683 (KLR)", Case Analysis (2022). Petition dated 11th September 2020 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/683/eng@2022-03-24

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