Round Square Properties Limited v Winchester Ventures Kenya Company Limited & 2 others (Environment & Land Case E014 of 2023) [2025] KEELC 304 (KLR)
The bottom line
#The Environment and Land Court in Kajiado dismissed a resident's environmental petition against a Nairobi development because it was pleaded too vaguely and challenged the wrong forum.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner established violation or threat to violation of its right to a clean and healthy environment under Article 42
No violation or threat of violation was established; the petition lacked the requisite precision and particulars, and the premises of the complaint (the enforcement notice) had been lawfully cancelled upon compliance by the developer.
The petition pleaded breaches of Articles 10, 27(1), 40, 42, 47 and 69 without particulars of how the development or the Respondents' actions infringed rights, falling short of the Anarita Karimi Njeru standard. The enforcement notice which grounded the petition had been withdrawn after compliance, and the unpleaded riparian encroachment issue could not be entertained, parties being bound by pleadings. Site visits by the 2nd and 3rd Respondents confirmed compliance and no encroachment, which the Petitioner did not contradict.
Whether the Petitioner was entitled to the reliefs sought
Not entitled to any relief; the petition was dismissed in its entirety with costs to the Respondents.
Having found no violation of any constitutional right, the declaratory reliefs, damages, restoration order, interest and costs could not issue. The reliefs were dependent on proof of violation, which the court found absent on both the pleadings and the evidence.
Whether the introduction of additional evidence (WRA joint inspection letters) after submissions could save the petition
No; the evidence related to an issue (riparian encroachment) not pleaded, and parties are bound by their pleadings.
The Petitioner sought to introduce, after submissions, letters from a joint WRA/Nairobi sub-basin inspection on riparian encroachment. The court held this was an unpleaded issue; in any event, the 2nd Respondent's site visit of 7th March 2024 confirmed no encroachment on the riparian wayleave and the Petitioner filed no further affidavit to contradict that.
Legal principles established
#- Constitutional petitions must be pleaded with reasonable precision, specifying the provisions violated and the manner of violation (Anarita Karimi Njeru principle).
- Parties are bound by their pleadings and evidence at variance with the pleadings must be disregarded.
- Under Section 9 of the Physical and Land Use Planning (Development Control Enforcement) Regulations, 2021, a county government has the power to withdraw an enforcement notice on the advice of its technical team.
- Challenges to EIA reports or the issuance of EIA licenses in the first instance lie with the National Environment Tribunal established under section 129 of EMCA.
Court orders
#- 1.The petition is dismissed in its entirety.
- 2.Costs of the petition awarded to the Respondents.
- Jurisdiction invoked
- Articles 42, 69 and 70 of the Constitution of Kenya (enforcement of Bill of Rights under Article 22/23; Rule 20 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Round Square Properties Limited v Winchester Ventures Kenya Company Limited & 2 others (Environment & Land Case E014 of 2023) [2025] KEELC 304 (KLR)", Case Analysis (2025). Petition dated 22nd March 2023 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/304/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.