Jalango (The Project Manager, Kimira-Oluoch Smallholder Farm Improvement Project (KOSFIP) v Ministry of East African Community (EAC) & Regional Development & another; County Governement of Homa Bay & 2 others (Interested Parties) (Environment and Land Judicial Review Case E003 of 2021) [2022] KEELC 2605 (KLR)

The court considered Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act which define its remit. The application concerned transfer of management and implementation of KOSFIP between government agencies and funding allocations, including recurrent and development expenditure. Since that subject matter does not fall within the environment and land jurisdiction conferred by the Constitution and the statute, the court held it was devoid of jurisdiction.

The respondents argued the applicant's employment contract ended on 30th June 2021, while the applicant asserted he was still project manager of KOSFIP. The court noted the definitions of capacity in legal dictionaries but, relying on Daniel Kaloki Kioko and the Karisa Chengo and Lillian S decisions, held that where jurisdiction is wanting, all other issues, including capacity, become moot and cannot be meaningfully determined.

The court cited the Mukisa Biscuits definition of a preliminary objection as a point of law pleaded or arising by clear implication from the pleadings which, if argued, would dispose of the suit, and noted from Kakuta Maimai Hamisi that such objections are threshold questions requiring definitive pronouncement. The jurisdictional ground was such a point of law and was upheld.