Chunky Limited v Coast Water Works Development Agency (Formerly Coast Water Services Board) & another (Environment & Land Petition E001 of 2023) [2024] KEELC 5118 (KLR)
The bottom line
#A landowner challenging compulsory acquisition in Kenya must first go to the Land Acquisition Tribunal before the Environment and Land Court, or the case will be struck out.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection was properly raised
The objection on jurisdiction was a pure point of law and properly before the court
Applying Mukisa Biscuits and Oraro v Mbaja, the court found that the issue of jurisdiction is a matter of law not fact, requiring no ascertainment of facts, and therefore properly raised as a preliminary objection.
Whether the court had jurisdiction over the dispute
Jurisdiction was prematurely invoked; the petitioner should have pursued the statutory mechanisms under the Land Act (and potentially the Water Act regime)
The court applied the Karume exhaustion principle and Giciri Thuo, holding that disputes on compulsory acquisition compensation must first go to the National Land Commission inquiry under Section 112 and then the Land Acquisition Tribunal under Section 133A before the ELC's appellate jurisdiction is engaged. The Water Act 2016 provisions relied on by the 1st Respondent did not apply since the cause of action arose in 2014 under the Water Act 2002.
Legal principles established
#- Where there is a clear statutory procedure for redress of a grievance, that procedure must be strictly followed and exhausted before invoking the court's jurisdiction
- The Land Acquisition Tribunal is the first port of call for disputes relating to compulsory acquisition of land including creation of wayleaves and easements
Court orders
#- 1.The petition is struck out
- 2.No orders as to costs
- 3.The Petitioner is at liberty to pursue appropriate redress as provided under the law
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya 2010; Environment and Land Court Act No. 12 of 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chunky Limited v Coast Water Works Development Agency (Formerly Coast Water Services Board) & another (Environment & Land Petition E001 of 2023) [2024] KEELC 5118 (KLR)", Case Analysis (2024). Not stated in full in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5118/eng@2024-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.