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ELCOtherEnvironment and Land Petition E002 of 2024· [2025] KEELC 4135 (KLR)

Kigio Group Company Limited v Kenya Electricity Transmission Company Limited & 3 others (Environment and Land Petition E002 of 2024) (26 May 2025) (Directions) [2025] KEELC 4135 (KLR)

Environment and Land Court
26 May 2025
MGM. N. Gicheru
532 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The court declined to pause a land rights petition despite claims the power project was cancelled, ruling the case must proceed on the evidence already filed.

What this practically means

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Executive summary

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This Environment and Land Court document at Murang'a (M. N. Gicheru, J) comprises directions in an ongoing constitutional petition by Kigio Group Company Limited against Kenya Electricity Transmission Company Limited, SMEC International Private Limited, Adani Energy Solutions Limited and the Attorney-General. The petitioner alleges contravention of Articles 40, 47, 60(1)(b) and 64 of the Constitution and of sections 144 and 148 of the Land Act and the Land (Assessment of Just Compensation) Rules, 2017, concerning land in Thika. Since 17 October 2024 conservatory orders have restrained the respondents from trespassing on, surveying or interfering with L.R. Nos. 10876/2, 10876/3 and 10876/4 Thika, with police supervision ordered to enforce compliance. At subsequent mentions the respondents argued the suit was overtaken by events because the transmission project had been cancelled by the Government of Kenya, a matter of public notoriety; the petitioner maintained the project subsists absent tangible evidence of cancellation. Unable to resolve this disagreement, the court directed that the petition proceed as it is, with parties free to elect between written submissions and viva voce evidence, and granted one final opportunity to file any further evidence. No substantive relief was determined and no costs order was made; this is a case-management direction, not a final judgment on the merits.

Key legal issues

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01

Case management where parties dispute a claimed supervening event (cancellation of the project)

Holding

The petition proceeds as it is, with parties free to elect written submissions or viva voce evidence, and one final opportunity to file further evidence.

Reasoning

The court noted conservatory orders of 17 October 2024 still in force restraining interference with the suit land, and police supervision for enforcement. The respondents contend the project has been cancelled by the Government, making the suit moot; the petitioner insists the project exists for want of tangible evidence of cancellation. Unable to resolve the factual dispute at a mention, the judge directed that the petition be concluded without further delay.

p. 2

Legal principles established

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  • A court cannot compel a party to file evidence that the party does not have or does not wish to file; the case must proceed on the material as it stands.

Court orders

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  1. 1.The petition proceeds as it is, without being held pending evidence of cancellation of the project
  2. 2.Parties are given the option to choose whether to proceed by way of written submissions or by calling viva voce evidence
  3. 3.Parties are given one final chance to file any further evidence they may wish to
Jurisdiction invoked
Articles 22, 23 and 165 of the Constitution of Kenya, 2010 (petition alleging contravention of Articles 40, 47, 60(1)(b) and 64)

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, "Kigio Group Company Limited v Kenya Electricity Transmission Company Limited & 3 others (Environment and Land Petition E002 of 2024)  (26 May 2025) (Directions) [2025] KEELC 4135 (KLR)", Case Analysis (2025). Environment and Land Petition E002 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4135/eng@2025-05-26

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