Samora Sikalie (Chairman) Suing on behalf of Karen Lang'ata District Association v Nairobi City County Government; Director General, Nairobi Metropolitan Services & 3 others (Interested Parties)
The bottom line
#A Karen residents' association lost its bid to halt a development because it skipped the statutory planning dispute process before going to court.
What this practically means
#Executive summary
#Key legal issues
#Preliminary Objection on sub judice
The Preliminary Objection dated 25.7.2022 cannot be sustained because the cited suit ELC No. E177 of 2022 was withdrawn on 15.6.2022 and that averment was unrebutted
The 3rd Interested Party argued the suit was sub judice given a similar pending suit. The Petitioner showed that suit was filed 18.5.2022 and withdrawn on 15.6.2022. The court found the averment unrebutted and dismissed the objection.
Exhaustion of statutory dispute resolution remedies
The conservatory order application fails because the Petitioners did not invoke the dispute resolution mechanisms under the Physical and Land Use Planning Act 2019 and the Neighborhood Associations Engagement Act 2016
The court found planning and development control matters are anchored in statutory frameworks with elaborate dispute resolution mechanisms (Sections 61 and 78 of PLUPA; Section 15 of the County Act). Relying on Supreme Court authority on judicial restraint, the Petitioner, aware of the development since May 2021, never referenced these mechanisms, so the application must fail.
Applicable statutory framework
Approvals of change of user, buildings and development plans are governed by the Physical and Land Use Planning Act 2019, with Sections 56 and 57 conferring development control powers on county governments
The court identified the conflict between the Nairobi City County Community and Neighborhood Associations Engagement Act 2016 relied on by the Petitioner and the Physical and Land Use Planning Act 2019 relied on by the Respondent and Interested Parties, and held planning and development control matters are anchored under the statutory frameworks with elaborate dispute resolution mechanisms.
Legal principles established
#- Where there exists an alternative method of dispute resolution established by legislation, courts must exercise restraint and give deference to statutorily mandated dispute resolution bodies
- Disputes relating to planning and development approvals must first go to the County Physical and Land Use Planning Liaison Committee before the Environment and Land Court, which hears appeals under Section 61(4) of the Physical and Land Use Planning Act
Court orders
#- 1.The Application dated 7.7.2022 is dismissed
- 2.The Preliminary Objection dated 25.7.2022 is dismissed
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court); interlocutory application under Article 23 framework for conservatory orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samora Sikalie (Chairman) Suing on behalf of Karen Lang'ata District Association v Nairobi City County Government; Director General, Nairobi Metropolitan Services & 3 others (Interested Parties)", Case Analysis (2023). Environment & Land Petition E027 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17572/eng@2023-05-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.