Mwangi & 2 others (Suing on Behalf of Kisiwa West Estate Residents Welfare Group) v Kiambu County Executive Committee Member for Land, Physical Planning, Housing and Urbanization & 2 others; Kago (Interested Party) (Environment and Land Appeal E076 of 2023) [2024] KEELC 5798 (KLR)

Section 61(3) PLUPA channels appeals against CECM decisions to the Liaison Committee. The evidence, including the CECM's own affidavit and the Committee minutes, showed the application was refused on 27/3/2023 and approval was later granted on a purported appeal lodged before the CECM herself. The court held this appellate power did not exist, and the appeal would succeed on this ground alone.

The exhibited onsite notice was undated despite requiring objections within 14 days, did not disclose the proponent, the author of the notice, or where objections were to be lodged. These are key elements of effective public participation, and without them the notice did not satisfy Section 58(7) and rule 16. No fresh application or fresh participation occurred after the refusal.

Participation of the people in decisions affecting them is a binding national value. Having found that the CECM acted without jurisdiction and that no public participation accompanied the purported appeal and approval, the court held the affected people, including the appellants, were denied the opportunity to participate in the decision-making process.

The Committee exercises quasi-judicial functions and must give reasoned decisions. Where each member makes observations and pronounces an unequivocal verdict on the merits, that verdict constitutes the member's vote. Here a majority clearly found the appeal before the Committee lacked merit, so absence of a formal vote was not fatal.

The court cautioned that last-minute participation by a member lacking full participation could amount to probable prejudice warranting annulment. However, on the tallies, even excluding Engineer Mbugua, a majority still favoured dismissal, so no prejudice arose.