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ELCDismissed(Petition at Kajiado Environment and Land Court - Preliminary Objection dated 16th January 2025)· [2025] KEELC 4706 (KLR)

Teiyia & 4 others v Keshine & 14 others; Oltepes Group Ranch & another (Interested Parties) (Environment & Land Petition E011 of 2024) [2025] KEELC 4706 (KLR)

Environment and Land Court
19 June 2025
1,485 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Kajiado Land Court dismissed an attempt to strike out a community land petition, confirming that preliminary objections cannot succeed when key facts are disputed.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado, delivered virtually by L. Komingoi J on 19th June 2025, determines a preliminary objection dated 16th January 2025 raised by the 1st to 10th Respondents against the Petitioners' petition. The objectors contended that the court lacked jurisdiction and that the Petition offended sections 39, 40, 41 and 42 of the Community Land Act and Article 159(2)(c) of the Constitution because the Petitioners had not exhausted internal and alternative dispute resolution mechanisms. The dispute concerned change of membership and officials of Oltepes Group Ranch. The Petitioners, in a replying affidavit by the 2nd Petitioner Kitare Ole Matira, opposed the objection, arguing that Oltepes Group Ranch, incorporated under the repealed Land (Group Representatives) Act Cap 287, has not been converted and registered as a community under the Community Land Act because the Respondents refused to initiate registration and instead began subdivision contrary to section 47(3), so the sections relied on are inapplicable. The court, applying Mukisa Biscuits and the Supreme Court's decision in Cheperenger, held that a preliminary objection must be a pure point of law on agreed facts. Since the registration status of the group ranch was contested and would require evidence, the objection could not stand. The court dismissed the preliminary objection and ordered that costs abide the outcome of the Petition.

Key legal issues

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01

Whether the preliminary objection founded on sections 39-42 of the Community Land Act and the doctrine of exhaustion was a pure point of law

Holding

It was not, because the applicability of those sections depended on the contested fact of whether Oltepes Group Ranch is registered as a community under the Community Land Act

Reasoning

The Respondents argued the Petitioners had bypassed internal dispute resolution mechanisms under sections 39 and 42 of the Community Land Act and Article 159(2)(c). The Petitioners countered that the group ranch remains incorporated under the repealed Land (Group Representatives) Act Cap 287 and has not been converted and registered as a community, so those provisions do not apply. The court found this factual contest required evidence, defeating a preliminary objection.

p. 4
02

Whether the court lacks jurisdiction over the Petition

Holding

The court found the preliminary objection lacked merit; the Community Land Act was not shown to oust the court's jurisdiction under Article 165

Reasoning

Counsel for the Petitioners submitted that the Petition was grounded on alleged constitutional rights violations outside the ambit of sections 39-42 of the Community Land Act, and that the Act does not oust the court's jurisdiction under Article 165 of the Constitution. Having found the objection contested on facts and unsupported, the court dismissed it.

p. 3

Legal principles established

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  • A preliminary objection must be raised on a pure point of law, arguable on the assumption that all facts pleaded by the other side are correct; it cannot be raised where facts must be ascertained
  • Where the registration status of a group ranch under the Community Land Act is contested, a preliminary objection premised on the Act's internal dispute resolution mechanisms cannot succeed without evidence

Court orders

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  1. 1.The Preliminary Objection dated 16th January 2025 is dismissed
  2. 2.Costs shall abide the outcome of the Petition

Authorities

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Legislation

  • Community Land Act Cap 287 (2016)sections 39, 40, 41, 42, 47(1), 47(3)
  • Constitution of Kenya 2010Articles 159(2)(c), 165
  • Land (Group Representatives) Act Cap 287(repealed)
  • Community Land Regulations2017

Cases cited (8)

  • Mwasighwa & 55 others v Mbulia Community Land & 3 others
    [2024] KEELC 5866 (KLR)
  • Mukisa Biscuits Manufacturing Co. Ltd v West End Distributors Ltd
    [1969] EA 696
  • Kenya National Commission on Human Rights v Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested Parties)
    [2020] eKLR
  • Lolkidienye & 9 others v Olemiranit & 15 others
    [2023] KEELC 18254 (KLR)
  • Kasaine Ole Seleka & 5 others v Daniel Kiria Leturesh & 7 others
    [2020] KEELC 530 (KLR)
  • County Government of Taita Taveta v Isangaiwich Group Ranch & 3 others
    [2021] KEELC 1343 (KLR)
  • Hassan Maalim Abdalla v County Government of Marsabit & Ssack Maalimyussuf
    [2018] KEELC 3775 (KLR)
  • Independent Electoral & Boundaries Commission v Cheperenger & 2 others
    [2015] KESC 2 (KLR)
Jurisdiction invoked
Article 165 of the Constitution of Kenya 2010 (jurisdiction of the High Court/ELC asserted over the petition); preliminary objection invoking sections 39, 40, 41 and 42 of the Community Land Act Cap 287 and Article 159(2)(c)

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, "Teiyia & 4 others v Keshine & 14 others; Oltepes Group Ranch & another (Interested Parties) (Environment & Land Petition E011 of 2024) [2025] KEELC 4706 (KLR)", Case Analysis (2025). (Petition at Kajiado Environment and Land Court - Preliminary Objection dated 16th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4706/eng@2025-06-19

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