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ELCDismissedPetition (Amended Petition) — notice of motion dated 11-11-2024· [2025] KEELC 3013 (KLR)

Del Monte Kenya Limited v Speaker of the National Assembly & 3 others; Kandara Residence Association otherwise known as Kandara Residents’ Association & another (Interested Parties) (Environment & Land Petition E002 of 2023) [2025] KEELC 3013 (KLR)

Environment and Land Court
2 April 2025
830 words in judgment
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The bottom line

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A Kenyan court refused to end a land petition, holding a case stays alive when a serious constitutional question remains unanswered, even after partial relief.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Murang'a (M.N. Gicheru, J) determines a notice of motion dated 11-11-2024 by the 2nd interested party, Kelvin Kamau Wanjiru swearing the supporting affidavit, brought under Section 13 of the Environment and Land Court Act and the Court's inherent jurisdiction. The motion sought a declaration that the amended petition is moot and costs, on the grounds that the Petitioner's leases over the suit land had been renewed, that the Parliamentary reports complained of had been overtaken by events, and that the Petitioner therefore lacked a cause of action. The Petitioner, through a replying affidavit of its director Wayne Cook dated 18-12-2024, opposed the motion, arguing that the crux of the petition is that the National Assembly acted without jurisdiction and unconstitutionally in adopting three Parliamentary reports, that the lease renewal did not exhaust the reliefs sought, and that the recommendation detrimental to it would remain unquashed if the motion succeeded. The court found the motion devoid of merit: the unresolved question of the National Assembly's jurisdiction keeps the petition alive, no prejudice to the 2nd interested party was explained, and prejudice would in any event not deter the court from determining a live issue. The court also recalled that on 9/7/2024 it was agreed that the renewal of leases did not exhaust the reliefs sought. The motion dated 11-11-2024 was dismissed with costs in the cause. Judgment delivered virtually at Murang'a on 2 April 2025.

Key legal issues

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01

Whether the petition is moot upon renewal of the Petitioner's leases

Holding

The petition is not moot; the unresolved question of the National Assembly's jurisdiction keeps the petition alive

Reasoning

The court noted it is the Petitioner itself that alleges the lease renewal is insufficient redress and seeks a determination on the National Assembly's jurisdiction in adopting the three Parliamentary reports. That question remains unresolved by the court, so the matter cannot be moot. Further, on 9/7/2024 it was generally agreed that the lease renewal did not exhaust the reliefs sought.

p. 2
02

Whether alleged prejudice to the 2nd interested party justifies discontinuing the petition

Holding

No; unexplained and even proven prejudice does not bar determination of a live issue

Reasoning

The 2nd interested party did not explain what prejudice it would suffer if the court determined the jurisdictional question, and in any event prejudice alone would not prevent the court from deciding an issue properly arising in the petition. The motion was therefore dismissed.

p. 2

Legal principles established

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  • A petition is not moot merely because some relief (such as renewal of leases) has been obtained, where a live constitutional question — the jurisdiction of the National Assembly — remains unresolved.
  • Alleged prejudice to a party does not deter the court from determining an issue that arises in a petition.

Court orders

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  1. 1.The notice of motion dated 11-11-2024 by the 2nd interested party is dismissed
  2. 2.Costs in the cause
Jurisdiction invoked
Section 13 of the Environment and Land Court Act (Act No. 19 of 2011) and the inherent jurisdiction of the Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Del Monte Kenya Limited v Speaker of the National Assembly & 3 others; Kandara Residence Association otherwise known as Kandara Residents’ Association & another (Interested Parties) (Environment & Land Petition E002 of 2023) [2025] KEELC 3013 (KLR)", Case Analysis (2025). Petition (Amended Petition) — notice of motion dated 11-11-2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3013/eng@2025-04-02

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