Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition 1 of 2022 (Formerly Migori ELC Petition No. 8 of 2019)· [2023] KEELC 20757 (KLR)

Silas Abong'o Amollo v Jane Atieno Nyandiga & 3 others

Environment and Land Court of Kenya
18 October 2023
3,013 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court dismissed a landowner's constitutional petition because he pleaded his case vaguely and ignored an available judicial review remedy.

What this practically means

#

Executive summary

#
The petitioner, registered owner of LR Kanyada/Kanyango Kalanya/456 through succession to the estate of Miriam Ogendi (deceased), petitioned the Environment and Land Court at Homa Bay seeking conservatory orders, a declaration that the Asego Division Land Dispute Tribunal award of 22nd January 2009 and the resultant Homa Bay SRM proceedings adopting it were illegal, null and void for contravening Section 75 of the repealed Constitution, and certiorari to quash them. He contended the 1st respondent lacked locus standi before the Tribunal, having no grant over the deceased's estate, and that the Tribunal unlawfully annulled his title. The 1st respondent countered that the petitioner fraudulently obtained the grant and transmitted the land to himself without notice to the deceased's surviving children. The 2nd to 4th respondents filed no response. Ongondo, J framed three issues: whether the petition met the constitutional threshold, entitlement to remedies, and costs. Applying Anarita Karimi Njeru as restated in Mumo Matemo, the court held the petition lacked the requisite precision and particularisation of alleged violations. Citing Okutoyi and Murage, the court held that breaches of statute and ordinary land claims belong in statutory or ordinary civil forums, and noted the petitioner had already obtained leave in Kisii High Court Misc. Civil Case No. 53 of 2009 to file judicial review but failed to pursue it. The petition was dismissed with each party bearing own costs.

Key legal issues

#
01

Whether the petition met the threshold of a constitutional petition

Holding

It did not; the pleaded violations lacked precision and the dispute concerned statutory/ordinary land and succession rights, not fundamental rights

Reasoning

Applying Anarita Karimi Njeru and Mumo Matemo, the court found the petition did not particularise the manner of violation. Relying on Okutoyi and Murage, breaches of statute or ordinary land claims must be pursued through statutory or ordinary civil remedies, not a constitutional petition. The petitioner also had an unexhausted judicial review remedy.

p. 5
02

Whether the petitioner was entitled to the remedies sought

Holding

No; having failed the constitutional threshold, the petitioner was not entitled to the reliefs sought

Reasoning

Since the petition failed to meet the constitutional threshold, the consequential question was answered against the petitioner. The court noted the petitioner had obtained leave in Kisii High Court Misc. Civil Case No. 53 of 2009 to file judicial review but his advocate failed to file it in time; that was the proper avenue.

p. 6

Legal principles established

#
  • A party alleging violation of rights in constitutional litigation must plead with reasonable precision the manner of the alleged violation
  • Where an alternative remedy exists in the ordinary civil courts or under statute, a party ought not to invoke constitutional jurisdiction

Court orders

#
  1. 1.The petition is dismissed for lack of merit
  2. 2.Each party to bear own costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act, 2015 (2011)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Silas Abong'o Amollo v Jane Atieno Nyandiga & 3 others", Case Analysis (2023). Petition 1 of 2022 (Formerly Migori ELC Petition No. 8 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20757/eng@2023-10-18

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