Manjewa Station Limited v Kenya Electricity Transmission Co Ltd (Environment & Land Case 127 of 2021) [2024] KEELC 4144 (KLR)
The bottom line
#Landowners disputing electricity transmission compensation in Kenya must first use the Energy Act's complaint process before going to the Environment and Land Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the disputes over wayleaves for transmission of electrical energy fall within the Energy Act dispute resolution framework
The Plaintiff's claim for compensation for the Defendant's entry and erection of transmission towers concerns wayleaves and falls under the Energy Act 2019 and the Energy (Complaints and Dispute Resolution) Regulations 2012
The court examined sections 3, 10, 11, 23, 24, 36, 40 and 224(2)(e) of the Energy Act 2019 and Regulations 2, 4, 7 and 9 of the 2012 Regulations, and found they establish a complete alternative dispute resolution mechanism covering wayleaves and easements relating to transmission of electrical energy, which squarely captures the claim for compensation over the transmission line towers.
Whether the doctrine of exhaustion required the Plaintiff to pursue the statutory mechanism before filing suit
Yes; the suit was filed prematurely and should be stayed pending exhaustion of the statutory dispute resolution mechanisms
Relying on the Supreme Court's decisions in Abidha Nicholus and NGOs Co-ordination Board, the court held that where Parliament has provided a statutory dispute resolution procedure, it must be strictly followed and only exceptional circumstances justify departure. Failed negotiations and the partly-heard status of the matter are not exceptional circumstances.
Whether the Plaintiff's access to justice rights under Articles 48 and 24 of the Constitution are violated by the statutory mechanism
No; the Plaintiff is not locked out of justice since a right of appeal to the court remains after exhausting the statutory process
The court reasoned that the Energy Act does not oust the court's jurisdiction but requires the statutory forums to be given the first opportunity, consistent with Article 159(2)(c) on alternative dispute resolution. The Plaintiff retains an opportunity to approach the court on appeal after the mechanism is exhausted.
Legal principles established
#- Where legislation establishes an alternative dispute resolution mechanism, that mechanism must be exhausted before resort to the court, absent exceptional circumstances
- Exhaustion of statutory remedies suspends, but does not oust, the residual and original jurisdiction of the Environment and Land Court under Article 162(2)(b)
- A partly-heard matter is not a special circumstance justifying departure from a statutory dispute resolution procedure
Court orders
#- 1.The preliminary objection is merited to the extent that the alternative dispute resolution mechanisms are available and should be exhausted
- 2.These proceedings shall be stayed pending the exhaustion of the dispute resolution mechanism stipulated under the Energy Act
- 3.The suit was not struck out; the court may pick up the partly-heard matter where it left off should the Plaintiff remain aggrieved
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution read together with Section 13(1) and (2) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manjewa Station Limited v Kenya Electricity Transmission Co Ltd (Environment & Land Case 127 of 2021) [2024] KEELC 4144 (KLR)", Case Analysis (2024). Environment & Land Case (suit over Plot No. Kwale/Mwavumbo/54 and Kwale/Mwavumbo/176). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4144/eng@2024-04-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.