Marsabit County Sakuye Community Council of Elders & 1007 others v Mining Corporation of Kenya through the Cabinet Secretary & 5 others (Environment and Land Judicial Review Case E007 of 2023) [2024] KEELC 5986 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the application meets the threshold for judicial review
It does not; no decision existed to be quashed, public participation was ongoing, and certiorari cannot issue against a private entity.
The court found the 2nd Respondent had taken steps towards public participation (a consultative meeting and a planned site visit) and had not made a decision on the 5th Respondent's consent application. Without a decision, certiorari is inapt, and the orders sought target parties without mandate over licensing. Complaints about how participation was conducted were not amenable to judicial review.
Whether a cause of action exists against the 1st, 3rd and 4th Respondents
No cause of action was established against them.
The 1st Respondent (National Mining Corporation) has no statutory mandate to grant mining consents or licences and owns no land in the disputed area. No evidence demonstrated inaction by the 3rd Respondent, and evidence could not be introduced through submissions and social media reports.
Legal principles established
#- Evidence cannot be adduced through submissions.
- Judicial review questions the decision-making process of public bodies, not the merits of decisions, and requires a decision to be challenged.
- Courts do not issue orders in vain nor orders against parties not joined to a suit.
Court orders
#- 1.The application is struck out
- 2.Each party to meet their respective costs of the suit
- Jurisdiction invoked
- Sections 8 and 9 of the Law Reform Act; Order 53 of the Civil Procedure Rules; articles 62, 66, 67, 69, 70 and 71 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marsabit County Sakuye Community Council of Elders & 1007 others v Mining Corporation of Kenya through the Cabinet Secretary & 5 others (Environment and Land Judicial Review Case E007 of 2023) [2024] KEELC 5986 (KLR)", Case Analysis (2024). not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5986/eng@2024-09-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.