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ELCDismissedPetition filed 18th April 2024· [2024] KEELC 6079 (KLR)
Manua & another v Kenya Forest Service & 2 others (Environment & Land Petition 003 of 2024) [2024] KEELC 6079 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Petitioners, alleging to be lawful occupants of Nakuru Municipality Block 18/77, filed a petition on 18th April 2024 contending that the Respondents had acquired and fenced off a 20-metre wide public road bordering their property, interfering with their access and utilization of the property. They alleged a lack of public participation in violation of Articles 10(2) and 22 of the Constitution and sought a declaration of unconstitutionality, an order to cease the encroachment activities, and an injunction. The Respondents did not file any response, leaving the petition uncontroverted. The court framed a single issue: whether the Petition was merited. Although the claim was unopposed, the Petitioners' own counsel submitted that the Respondents had removed the fences, albeit without fixing beacons, a buffer zone and a fire break. The court held that since the cause of action was the fence that allegedly interfered with the Petitioners' constitutional rights, its removal meant the substratum of the petition no longer existed and the petition could not stand. The petition was accordingly dismissed. Recognizing it as a public interest case, the court ordered each party to bear its own costs. Judgment was delivered electronically on 20th September 2024 by A.O. Ombwayo, Judge.
Key legal issues
#01
Whether the Petition is merited where the fence constituting the cause of action has been removed
Holding
The petition was dismissed as moot because the substratum (the fence) no longer existed
Reasoning
The petition was uncontroverted, but the Petitioners themselves submitted that the Respondents had removed the fence. Since the cause of action was the fence interfering with the Petitioners' constitutional rights, its removal meant the substratum of the petition no longer existed and the petition could not stand.
p. 2
Legal principles established
#- A petition is dismissed where the substratum or cause of action ceases to exist
Court orders
#- 1.The Petition is dismissed for lack of a surviving cause of action
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Constitution of Kenya, Articles 10(2) and 22 (as invoked by the Petitioners)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manua & another v Kenya Forest Service & 2 others (Environment & Land Petition 003 of 2024) [2024] KEELC 6079 (KLR)", Case Analysis (2024). Petition filed 18th April 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6079/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.