Gakuru & 2 others (Suing on their Behalf and on Behalf of JWA Thika Sub-County) v County Government of Kiambu & another; National Land Commission & another (Interested Parties) (Petition E012 of 2024) [2025] KEELC 3970 (KLR)
The bottom line
#A Kenyan court halted the Boma Yangu housing project in Thika because the county held only one public meeting and produced no proper environmental assessment.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioners met the threshold for conservatory orders
Yes. The Petitioners established a prima facie case with probability of success, real risk of the petition being rendered nugatory, and public interest favours conservation given the flawed EIA/public participation process.
The Court applied the Munya and Kaberia Njunja thresholds. Although the 1st Respondent claimed consultation and an EIA, it produced only a notice dated 4/09/2023 and minutes of one meeting of 10/09/2023 and no EIA documentation. The environmental and property risks to residents of the surrounding estates required discussion and mitigation. The EIA process, if any, was flawed, so a NEMA licence would be saddled with irregularities. Environmental damage is irreversible, engaging the precautionary principle.
Whether there was adequate public participation and environmental impact assessment
No. The single meeting of 10/09/2023 was inadequate; the statutory publication and objection procedures under EMCA and the Regulations were not followed, vitiated the process.
The Court suo motu reviewed the EIA process under EMCA and the Regulations made thereunder. It found the process undertaken fell short of what the law and the mandatory constitutional requirement of public participation expect for a project of this magnitude. There was no publication of the project as required by the Regulations, so the Petitioners never got the opportunity to lodge objections, and they were not accorded an adequate hearing.
Whether the 2nd Interested Party should be joined
Yes. The joinder application was largely unopposed and the nexus of the Association to the petition was evident.
The only response to the joinder application dated 18/11/2024 was the Petitioners' submissions opposing joinder, which do not amount to a pleading; the application was therefore treated as unopposed. The Court found a nexus between the Chania Thika Residents Association and the petition and allowed the joinder without belabouring the point.
Legal principles established
#- Conservatory orders should be granted on the inherent merit of a case, bearing in mind public interest, constitutional values and proportionate magnitudes.
- An applicant for conservatory orders must show a prima facie case with likelihood of success, real danger of prejudice, that the petition would be rendered nugatory, and public interest must be considered.
- Real danger must be imminent, evident, true and actual, not fictitious or remote.
- Public participation is the single most critical requirement in public projects beneficial to the citizenry; a single meeting inadequate in the circumstances vitiated the process.
Court orders
#- 1.A conservatory order issued restraining the Respondents by themselves or any other person, body or organ acting under their authority from financing, proceeding with, excavating, erecting buildings or undertaking any other activities on all that land parcel known as Thika Municipality Block 11/343 under the Boma Yangu housing project within Thika Sub-County, Kiambu County pending the hearing and determination of this petition
- 2.Chania Thika Residents Association, through John Kagira Nage (Chairman), Ann Kagure Irari (Secretary) & Gregory Wambaki (Treasurer) joined as the 2nd Interested Party in the Petition
- 3.Costs of the two Applications shall be in the cause
- Jurisdiction invoked
- Articles 22, 23, 70 and 165(2)(b) of the Constitution of Kenya, 2010 (constitutional petition under the Environment and Land Court's jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gakuru & 2 others (Suing on their Behalf and on Behalf of JWA Thika Sub-County) v County Government of Kiambu & another; National Land Commission & another (Interested Parties) (Petition E012 of 2024) [2025] KEELC 3970 (KLR)", Case Analysis (2025). Petition number not stated in the ruling (Application dated 26/08/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3970/eng@2025-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.