Manyani Road Residents Association (MARA) v Bell Kenya Limited & another (Environment & Land Case E003 of 2025) [2025] KEELC 3421 (KLR)
The bottom line
#A Nairobi court halted townhouse construction after finding residents' association could sue directly because the planning appeal body was on strike.
What this practically means
#Executive summary
#Key legal issues
#Whether the application is res judicata the earlier suit ELC EPA E008 of 2024
Not res judicata; the earlier appeal concerned dismissal of an extension-of-time application, not the development plan licence now challenged.
Section 7 of the Civil Procedure Act requires the same subject matter. The appeal in EPA E008 of 2024 challenged the Planning Liaison Committee's dismissal of an application to extend time, whereas the present suit challenges the development plan licence. The subject matters differ, so res judicata does not apply.
Whether the court lacks jurisdiction under the exhaustion doctrine
Court has jurisdiction; the Liaison Committee being on strike is an exceptional circumstance exempting the Applicant from exhausting that remedy.
Relying on Section 9(4) of the Fair Administrative Actions Act and William Odhiambo Ramogi, the court held that the statutory alternative forum's inability to sit (the Committee being on strike, a fact confirmed by the 1st Respondent) constitutes an exceptional circumstance. Filing the suit does not take away the Respondents' rights but guarantees both parties a hearing.
Whether the application meets the Giella v Cassman Brown threshold for a temporary injunction
Prima facie case and balance of convenience established; injunction granted subject to undertaking as to damages.
The suit challenges the approval process of the impugned development. If orders are not granted and the suit succeeds, implementing the decree would be difficult; if the suit fails, the 1st Respondent may continue development. To protect the 1st Respondent, the Applicant was directed to give an undertaking as to damages.
Legal principles established
#- Where the statutory alternative forum is on strike and unable to hear a matter, that constitutes an exceptional circumstance justifying exemption from the obligation to exhaust remedies under Section 9(4) of the Fair Administrative Actions Act.
- Party indolence cannot oust the jurisdiction of a court.
Court orders
#- 1.Temporary injunction restraining the 1st Respondent, their servants, agents and/or any other person acting under their instructions from continuing with the development of the proposed townhouses on property L.R. No. 209/7501, pending the hearing and determination of the suit, granted in terms of prayer (c) of the motion
- 2.Applicant directed to give undertaking as to damages
- 3.Costs of the Applicant to be in the cause
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act; exemption from exhaustion under Section 9(4) of the Fair Administrative Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Manyani Road Residents Association (MARA) v Bell Kenya Limited & another (Environment & Land Case E003 of 2025) [2025] KEELC 3421 (KLR)", Case Analysis (2025). Not stated in judgment (interlocutory Notice of Motion dated 14th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3421/eng@2025-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.