People Like Us CBO v Kimaru & 4 others (Environment & Land Case 016 of 2021) [2022] KEELC 3229 (KLR)
The bottom line
#The Environment and Land Court in Isiolo refused to strike out a community group's land case, ruling that early objections must rest on pure points of law, not arguments.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection qualified as a pure point of law justifying striking out the suit
The objection did not; it evinced arguments and was not based on pure points of law, and was dismissed
The court found that the three officials who filed the suit had the right to prosecute it on their own behalf even if the other members were disqualified, so striking out would deny them access to justice. The objection also raised arguments rather than pure points of law, taking it outside the proper scope of a preliminary objection. The court aligned itself with its earlier ruling in Isiolo ELC E001 of 2021, which raised similar issues.
Whether the suit could be struck out in toto at the preliminary stage
No - the issues raised in the PO could be canvassed during the hearing of the main suit
The court held that even if it disqualified all other members of the plaintiff, the three purported officials retained the right to prosecute the suit on their own behalf, so the case could not be struck out in toto at that stage.
Legal principles established
#- A suit should not be struck out in toto on a preliminary objection where the objection raises contested arguments rather than pure points of law and where the persons suing retain a right to prosecute the suit on their own behalf
Court orders
#- 1.This notice of preliminary objection is hereby dismissed
- 2.Costs shall be in the cause
- 3.Parties will take directions on July 4, 2022 and the plaintiff's advocate, Mr Ashava, to serve the mention date upon the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court; the court also references its ruling in Isiolo ELC E001 of 2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "People Like Us CBO v Kimaru & 4 others (Environment & Land Case 016 of 2021) [2022] KEELC 3229 (KLR)", Case Analysis (2022). ELC Suit No E001 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3229/eng@2022-06-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.