Chemurwok & another v Director of Land Adjudication and Settlement & 3 others (Environment & Land Petition E002 of 2021) [2025] KEELC 3089 (KLR)
The bottom line
#The Environment and Land Court in Kericho struck out a land petition, ruling that ordinary civil suits, not constitutional petitions, should resolve such disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether the jurisdiction of the Court was properly invoked
Jurisdiction was not properly invoked; the petition raises purely civil disputes about land subdivision and ownership which should be pursued in a civil suit, so the doctrine of constitutional avoidance applies.
The Court noted the central dispute was whether LR No. 8700 was subdivided into three parcels (one being 8700/2) or into seventy-five parcels. Applying Anarita Karimi Njeru and authorities on constitutional avoidance, it held the issues were civil in nature, remedies existed in ordinary civil law, and the constitutional route was improper. It therefore declined jurisdiction on the constitutional petition.
Whether the Petitioners are entitled to the orders sought
No; the prayers cannot be granted given the finding on jurisdiction.
Because the Court found the petition improperly invoked constitutional jurisdiction, the declaratory, prohibitory and mandamus orders sought could not issue. The claim concerning discharge of charge, transfer and title over LR No. 8700/2 must be pursued in a civil suit if at all.
Who should bear the costs of the amended petition
Costs to the 1st, 3rd and 4th Respondents, as costs follow the event.
Applying Section 27 of the Civil Procedure Act, the Court held the successful party should ordinarily be awarded costs and found no reason to depart from that position since the Respondents succeeded in having the petition struck out.
Legal principles established
#- Where a dispute is essentially civil in nature and can be resolved in an ordinary civil suit, a constitutional court should decline jurisdiction under the doctrine of constitutional avoidance.
- Costs follow the event under Section 27 of the Civil Procedure Act; the successful party ordinarily gets costs.
Court orders
#- 1.The Amended Petition is struck out with costs to the 1st, 3rd and 4th Respondents.
- Jurisdiction invoked
- Article 40, 27, 21(1), 60(1) and 64 of the Constitution of Kenya (invoked by the Petitioners); jurisdiction declined under the doctrine of constitutional avoidance
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chemurwok & another v Director of Land Adjudication and Settlement & 3 others (Environment & Land Petition E002 of 2021) [2025] KEELC 3089 (KLR)", Case Analysis (2025). Environment and Land Petition dated 26th March, 2021 (amended 27th June, 2023), Kericho. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3089/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.