Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment as provided· [2025] KEELC 4932 (KLR)

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)

Environment and Land Court
26 June 2025
3,408 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

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

#
The Petitioners, traders extracting and selling quarry products in Muthaiga area, Ol Kalou sub-county, petitioned against the County Government of Nyandarua's preparation of a county physical and land use development plan which they alleged was designed to convert their mining land into private residential settlement. They pleaded violations of Articles 40 and 47 of the Constitution and failures of public participation under Articles 10, 196 and 201, and sought a declaration that the proposed regulations were void ab initio, a conservatory order staying implementation, and an injunction against enacting legislation converting Muthaiga land from commercial to private use. The Respondent, through a replying affidavit of its Chief Officer for Lands, Physical Planning and Urban Planning, maintained the suit land was designated as a town council quarry in the 1997 development plan and thus public land; that it published Gazette and newspaper notices inviting representations within sixty days; that stakeholder meetings were held on 21st February 2022 and 21st June 2023 and a baraza on 13th October 2023; and that the notices evidenced an ongoing planning process, not an allocation. The court framed three issues: whether the Petition met the constitutional threshold; whether the Respondent had a duty to conduct public participation; and whether the Petitioners were entitled to the reliefs sought. Applying Anarita Karimi Njeru as tempered by Mohamed Fugicha, the court held the Petition met the threshold. Applying the Supreme Court's British American Tobacco framework, it found public participation sufficiently conducted. On burden of proof, the Petitioners adduced no proof of an intention to convert public land to private use, and the Respondent had acted within its mandate under sections 36 and 46 of the Physical and Land Use Planning Act. The Petition was dismissed with each party bearing its own costs.

Key legal issues

#
01

Whether the Petition met the threshold for a constitutional petition

Holding

The Petition satisfied the Anarita Karimi Njeru threshold by specifically pleading violations of Articles 40, 47, 196 and 201

Reasoning

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.

p. 5
02

Whether the Respondent had a duty to conduct public participation and whether it was sufficiently done

Holding

The duty exists under Articles 10 and 196 and section 40 of the Physical and Land Use Planning Act; the Respondent discharged it

Reasoning

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.

p. 7
03

Whether the Petitioners were entitled to the declaratory and conservatory reliefs sought

Holding

No; the Respondent acted within its statutory mandate and the Petitioners proved no intention to convert public land to private use

Reasoning

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.

p. 8

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. 1.The Petition is dismissed
  2. 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.