Valentini v Farid & 3 others (Environment & Land Petition E005 of 2024) [2025] KEELC 253 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the doctrine of exhaustion applies to challenges concerning an EIA licence issued by NEMA
Yes; disputes on the propriety of issuance or validity of the EIA licence belong before NEMA/NET, with the ELC as appellate forum
The court followed the Court of Appeal decisions in Abidha Nicholus and Kibos Distillers, holding that EMCA vests NET with first-instance jurisdiction over NEMA licence decisions and the ELC only appellate jurisdiction under Section 130 EMCA. The prescribed statutory procedure must be strictly followed per Karume and Crystalline Salt. The petition's licence-related claims were therefore stayed rather than determined.
Whether the respondents' non-disclosure of the licences disentitles them from invoking exhaustion
No; the concealment misled the petitioner but does not affect the applicability of the doctrine
The petitioner enquired of the 2nd and 3rd respondents and received silence or negative answers, yet construction continued. The court criticised this reticence but reasoned that dismissing the objection on that basis would create absurdity and protraction, since even after amendment the licence issues would still belong before NET. The reality of the licences overshadows the concealment.
Whether the multifaceted nature of the petition saves it from being wholly struck out
The petition was not wholly struck out; the constitutional issues were saved for this court after the NET/NEMA proceedings
Applying the middle path suggested by the Supreme Court in Kibos and adopted with qualifications in Abidha, and given the liberal locus standi under Articles 42, 69 and 70, the court held that a petition alleging constitutional violations should not be struck out in limine where a scintilla of constitutional violation exists untied to matters subject to exhaustion. The petition was stayed and the constitutional issues reserved.
Legal principles established
#- Where a clear procedure for redress is prescribed by an Act of Parliament, that procedure should be strictly followed (exhaustion doctrine)
- Locus standi in environmental litigation under Article 70(1) requires only an allegation of violation or threat of the right to a clean and healthy environment, without proof of loss or injury
- A court facing a multifaceted petition should not strike out the entire petition where a scintilla of constitutional violation is pleaded; it should sever and save the matters properly before it
- Non-disclosure by public bodies of the existence of licences, though it misled a litigant into filing a petition, does not defeat the doctrine of exhaustion
Court orders
#- 1.By reason of the doctrine of exhaustion the petition is stayed pending ventilation of any action by the petitioner against the 1st and 3rd respondents before NEMA and/or the National Environment Tribunal in connection with EIA Licence No NEMA/EIA/PSL/31281 issued on 11/3/2024 or any related issues
- 2.The interim orders issued on 5/11/2024 halting all works on the project are extended until the date of determination of the proceedings before NEMA/NET
- 3.The costs of the preliminary objection shall be borne by the respondents
- 4.The petition to be mentioned on 30/4/2025 for a report on the outcome of the proceedings before NEMA/NET and for further directions
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution as read with Section 13 of the Environment and Land Court Act and Articles 23(1) and 70
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (5)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mazingira Greens Party of Kenya v Stellar Strategies Ltd & 2 others (Environment and Planning Petition E007 of 2026) [2026] KEELC 4034 (KLR)[2026] KEELC 4034 (KLR)26 Jun 2026
- Temple Point Resort Ltd v Kangwana & 3 others (Environment and Land Petition E001 of 2025) [2026] KEELC 3608 (KLR)[2026] KEELC 3608 (KLR)11 Jun 2026
- Temple Point Resort Ltd v Kangwana & 3 others (Environment and Land Petition E001 of 2025) [2026] KEELC 3608 (KLR)[2026] KEELC 3608 (KLR)11 Jun 2026applied
- Watamu Association v Tara Wood & 3 others (Environment and Land Petition E003 of 2023) [2026] KEELC 2457 (KLR)[2026] KEELC 2457 (KLR)28 Apr 2026applied
- Active Environmental Team v National Land Commission & 2 others (Environment and Land Petition 27 of 2021) [2026] KEELC 2293 (KLR)[2026] KEELC 2293 (KLR)23 Apr 2026applied
Cite this brief
#Cite this brief
Caselaw, "Valentini v Farid & 3 others (Environment & Land Petition E005 of 2024) [2025] KEELC 253 (KLR)", Case Analysis (2025). Petition dated 18/10/2024 (Malindi ELC; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/253/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.