Nyatete Nyakundi Justin & 17 others v Pyrethrum Processing Company of Kenya Limited [2022] KEELC 683 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the petition met the constitutional petition threshold
It did not; the petition failed to plead the constitutional provisions allegedly breached and how they were breached
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.
Whether the constitutional jurisdiction was properly invoked for a landlord-tenant dispute
No; the relationship was purely contractual and breach of contract is for the ordinary civil courts
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.
Whether the eviction notices were lawful and whether the petitioners were discriminated against
The court did not reach the merits; the petition was dismissed at the threshold stage
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.
Legal principles established
#- 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
#- 1.The petition is dismissed
- 2.Each party will bear their own costs of the petition
- Jurisdiction invoked
- Constitutional petition invoking the Bill of Rights (constitutional interpretative jurisdiction) - the court found it was wrongly invoked
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mpiuki v Land Adjudication & Settlement Officer Igembe & 4 others[2022] KEELC 15158 (KLR)30 Nov 2022
- M'Riria M'Muranga & another v Land Adjudication & Settlement Officer, Imenti South & 2 others[2022] KEELC 2441 (KLR)20 Jul 2022applied
Cite this brief
#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.