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ELCDismissedPetition dated 31st July 2024 (ELC, Kajiado)· [2025] KEELC 1196 (KLR)

Northern Block Residents Limited v Gigiri Mart Limited & 2 others (Petition E063 of 2024) [2025] KEELC 1196 (KLR)

Environment and Land Court
7 March 2025
7,149 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~29 min to read original · ~4 min brief

The bottom line

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A residents' group lost its court challenge to a Gigiri Mart development in Kenya because it used the wrong forum and offered no expert evidence of environmental harm.

What this practically means

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Executive summary

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Northern Block Residents Limited, a registered society representing residents of the Red Hill Road area, petitioned the Environment and Land Court at Kajiado challenging the approval granted to Gigiri Mart Limited by the Nairobi City County Government for construction of a convenience store on L.R. No. 12814, and the related environmental impact assessment process. It alleged violations of the rights to public participation, a clean and healthy environment under Article 42, fair administrative action, and sustainable development, and sought declarations that the development permission was null and void, an order setting it aside, a permanent injunction, and demolition with restoration of the land. The 1st Respondent opposed the petition as res judicata, an abuse of process, and time-barred under PLUPA and EMCA remedies; the 2nd Respondent defended the validity of its approvals. The court framed four issues and, applying the exhaustion doctrine as espoused by the Supreme Court in Nicholus v Attorney General, held that it had jurisdiction only over the Article 42 environmental rights claim: the challenge to development approvals fell to the County Physical and Land Use Planning Liaison Committee under Section 76 of PLUPA, and the challenge to the EIA licence fell to the National Environment Tribunal under EMCA. On the environmental claim, the court found the Petitioner had failed to discharge the burden of proof, its allegations resting on assumptions without expert or regulatory evidence, including on zoning and wetland impacts. The petition was dismissed in its entirety. On costs, the court declined to treat the petition as public interest litigation, holding it was instituted for a specified group rather than the general public, and awarded costs to the 1st Respondent.

Key legal issues

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01

Jurisdiction over challenges to development approvals and EIA licences

Holding

The court has jurisdiction only over the claim of violation of the right to a clean and healthy environment; challenges to development approvals belong to the County Physical and Land Use Planning Liaison Committee under Section 76 PLUPA, and challenges to the EIA licence belong to the National Environment Tribunal under EMCA.

Reasoning

Applying the exhaustion doctrine as espoused by the Supreme Court in Nicholus and earlier authorities such as Speaker of National Assembly v Karume, the court held that where statutory dispute-resolution bodies exist with the professional capacity to deal with specific grievances, courts must exercise restraint and defer to them at the first instance. Only the Article 42 environmental rights claim was properly before the court.

p. 13
02

Proof of violation of the right to a clean and healthy environment

Holding

The Petitioner failed to discharge the burden of proving the alleged violations; its allegations were based on assumptions without concrete or expert evidence.

Reasoning

The burden lay on the Petitioner alleging the violations. The petition was found lacking in precision and material evidence: it did not identify the alleged negative impacts on the adjacent wetland, did not prove the alleged low-density residential zoning, and produced no expert or regulatory reports to substantiate the claims of environmental harm.

p. 14
03

Whether the petition qualified as public interest litigation for purposes of costs

Holding

It did not; the petition was instituted for the benefit of a specified group rather than the general public, so costs followed the event in favour of the 1st Respondent.

Reasoning

While acknowledging the duty to protect genuine public interest litigation, the court cautioned against the doctrine degenerating into litigation for selfish private interests. Because the Petitioner was a society representing residents of a specific area, the litigation was held not to be for the benefit of the general public.

p. 15

Legal principles established

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  • In a multifaceted claim, a court must address each issue within its jurisdiction, including remitting parts of the claim to the relevant statutory body while retaining what is properly before it.
  • Where a clear statutory procedure for redress exists, that procedure should be strictly followed before invoking the court's jurisdiction.

Court orders

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  1. 1.The petition is dismissed in its entirety
  2. 2.Costs of the petition awarded to the 1st Respondent against the Petitioner
Jurisdiction invoked
Article 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Northern Block Residents Limited v Gigiri Mart Limited & 2 others (Petition E063 of 2024) [2025] KEELC 1196 (KLR)", Case Analysis (2025). Petition dated 31st July 2024 (ELC, Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1196/eng@2025-03-07

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.