Kimani & 2 others (Suing as Chairman, Treasurer and Secretary of Ol Kalou Town Council Quarry Owners Association SHG) v County Government of Nyandarua (Environment & Land Petition E002 of 2023) [2025] KEELC 4932 (KLR)
The bottom line
#The Environment and Land Court dismissed quarry traders' challenge to Nyandarua County's development plan, confirming newspaper notices and stakeholder meetings count as adequate public participation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petition met the threshold for a constitutional petition
The Petition satisfied the Anarita Karimi Njeru threshold by specifically pleading violations of Articles 40, 47, 196 and 201
Applying Anarita Karimi Njeru and Mohamed Fugicha, the court held that pleadings must communicate the complaints with clarity but the Constitution does not lionize form over substance. The Petitioners clearly listed violations of their rights under Articles 40 and 47 and the public participation principles in Articles 196 and 201, which amounts to a reasonable degree of precision.
Whether the Respondent had a duty to conduct public participation and whether it was sufficiently done
The duty exists under Articles 10 and 196 and section 40 of the Physical and Land Use Planning Act; the Respondent discharged it
Applying the British American Tobacco framework, the court assessed clarity of the subject matter, reasonable notice and opportunity, and the medium of engagement. Gazette and newspaper notices inviting representations within sixty days, stakeholder meetings on 21st February 2022 and 21st June 2023, and a baraza on 13th October 2023 constituted real, not illusory, participation.
Whether the Petitioners were entitled to the declaratory and conservatory reliefs sought
No; the Respondent acted within its statutory mandate and the Petitioners proved no intention to convert public land to private use
Sections 36 and 46 of the Physical and Land Use Planning Act mandate county governments to prepare county and local physical and land use development plans. The notices published were part of an ongoing planning process, not an allocation or change of user. Under section 107(1) of the Evidence Act, the Petitioners bore the burden of proof and did not discharge it.
Legal principles established
#- A party seeking constitutional redress must state with reasonable precision the provision infringed and the manner of infringement, though the 2010 Constitution resists creeping formalism
- Reasonable notice in a newspaper of wide national circulation and reasonable opportunity to participate satisfies the public participation requirement
Court orders
#- 1.The Petition is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Articles 22, 23 and 165 of the Constitution of Kenya, 2010 (enforcement of Bill of Rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani & 2 others (Suing as Chairman, Treasurer and Secretary of Ol Kalou Town Council Quarry Owners Association SHG) v County Government of Nyandarua (Environment & Land Petition E002 of 2023) [2025] KEELC 4932 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4932/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.