Kariuki, Ndegwa and Kibuthu As Secretary, Chair Person & Treasurer of Kiambu County Tenants Welfare Association & 7 others v Kiambu County Executive Committee & 4 others (Constitutional Petition E005 of 2023) [2025] KEELC 2864 (KLR)

The Court applied the predominant purpose test endorsed by the Court of Appeal in the Co-operative Bank case. Although the petition cited land use planning, its substance concerned public participation, fair administrative action and access to information in the conferment of municipality status. Rights to a clean environment were ancillary. Such matters lie with the High Court, not the ELC under Article 162(2)(b).

Relying on Kenya Hotel Properties Limited v Attorney General in both the Court of Appeal and Supreme Court, the Court held that entertaining the Petitioner's request to depart from apex court precedent would violate the constitutional judicial hierarchy. A declaration by a court without jurisdiction is a nullity, and inferior courts cannot review, annul or reopen decisions of superior courts.

Guided by Mukisa Biscuit Manufacturers, Oraro v Mbaja and Omondi v National Bank of Kenya, the Court confirmed that a preliminary objection must raise pure points of law on assumed pleaded facts. The Supreme Court in Mary Wambui Munene affirmed that jurisdiction is a pure question of law to be resolved on a priority basis.