Kibii (Suing as the Legal Representative of the Estate of the Late Kibii Boiyo) v Agricultural Developent Corporation & others; Ethics and Anti-Corruption Commission & another (Interested Parties) (Environment & Land Petition E001 of 2023) [2025] KEELC 3667 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled it cannot stop EACC corruption investigations or prosecutions—only the High Court can, so the case was dismissed with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the ground that the application was frivolous and mischievous was a proper preliminary objection
It was not a pure point of law and failed
Applying the Mukhisa Biscuit definition, the Court held that determining whether a motion is frivolous or mischievous requires examining the facts of the application and weighing them against the law, which takes it outside the realm of a pure point of law. A preliminary objection must be decided on pleadings and law alone.
Whether the ELC has jurisdiction over the application seeking to restrain EACC investigations and prosecution
It does not; only the High Court has such jurisdiction
The Court traced its jurisdiction to Article 162(2)(b) and Section 13 of the ELC Act, confined to land and environment matters, with quasi-criminal jurisdiction only in contempt. Article 165(3) vests unlimited original criminal jurisdiction in the High Court and Article 165(6) gives the High Court supervisory powers over bodies exercising quasi-judicial functions. The ELC therefore could not supervise EACC investigations or the processes leading to criminal charges.
Legal principles established
#- The Environment and Land Court has no jurisdiction to determine issues of a criminal nature or supervise processes leading to the institution of criminal charges; that mandate lies with the High Court
- A preliminary objection must be a pure point of law and fails where facts must be ascertained
Court orders
#- 1.The preliminary objection dated 3rd December 2024 was upheld as merited
- 2.The application dated 25th November 2024 (referred to in the ruling as 25th November 2025) was dismissed with costs to the parties which supported the objection
- 3.The related application relating to the filing of additional documents to be delivered on 4th June 2025
- Jurisdiction invoked
- Articles 162(2)(b) and 165 of the Constitution of Kenya and Section 13 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibii (Suing as the Legal Representative of the Estate of the Late Kibii Boiyo) v Agricultural Developent Corporation & others; Ethics and Anti-Corruption Commission & another (Interested Parties) (Environment & Land Petition E001 of 2023) [2025] KEELC 3667 (KLR)", Case Analysis (2025). Not stated in the excerpt (Petition pending, with Notice of Motion dated 25th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3667/eng@2025-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.