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ELCDismissedNot stated in judgment· [2025] KEELC 5623 (KLR)

Makori v Rubis Energy Kenya & 2 others (Environment and Land Case 3 of 2024) [2025] KEELC 5623 (KLR)

Environment and Land Court
29 July 2025
MOM. A. ODENY
1,508 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to pause an oil spillage lawsuit, confirming it can hear environmental rights claims directly even if NEMA is involved.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) disposed of a Notice of Motion dated 14th March 2025 by the 2nd and 3rd Defendants seeking a stay of proceedings pending discharge of a complaint allegedly lodged with the National Environment and Management Authority (NEMA) and compliance with any resultant Restoration Orders. The suit concerns an oil spillage said to have occurred on or about 29th May 2024 on the 2nd Defendant's land bordering the Plaintiff's parcel. The applicants argued that environmental degradation falls within NEMA's purview and that the plaintiff would suffer no prejudice from a stay. The Plaintiff/Respondent, John Nyanchoka Makori, denied ever lodging a NEMA complaint, denied NEMA was seized of the matter, and attributed the spillage to the applicants' negligence. Relying on Section 13 of the Environment and Land Court Act, the court held that nothing precludes it from hearing claims for infringement of the right to a clean and healthy environment under Articles 42, 69 and 70 of the Constitution. Applying the Supreme Court's guidance in Nicholus, the court noted that access to court is not barred where alternative mechanisms may be inadequate. Citing Halsbury's Laws of England, the court reiterated that a stay of proceedings is a grave interruption of a party's right to litigate and must be exercised sparingly and only in exceptional cases. Finding that the applicants had not demonstrated any NEMA complaint nor met the threshold for a stay, the court dismissed the application with costs.

Key legal issues

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Whether the suit should be stayed pending resolution of a NEMA complaint

Holding

The stay was refused. The plaintiff had not lodged any NEMA complaint, and the ELC has original jurisdiction over environmental rights claims under Articles 42, 69 and 70 of the Constitution.

Reasoning

The applicants sought a stay on the premise that NEMA was seized of the matter, but the plaintiff denied lodging any complaint and the applicants placed no cogent evidence of such a complaint. Section 13(3) of the ELC Act expressly precludes nothing in the court's jurisdiction over violations of the right to a clean and healthy environment. The Supreme Court's nuanced approach permits court access where alternative mechanisms are inadequate. Stay being a grave interruption, it is exercised sparingly; the threshold was not met.

p. 4

Legal principles established

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  • Stay of proceedings is a serious interruption of a party's right to litigate and should only be exercised sparingly and in exceptional cases where the proceedings are frivolous, vexatious or manifestly groundless

Court orders

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  1. 1.The 2nd and 3rd Defendant/Applicants' Notice of Motion application dated 14th March, 2025 is dismissed with costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act

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, "Makori v Rubis Energy Kenya & 2 others (Environment and Land Case 3 of 2024) [2025] KEELC 5623 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5623/eng@2025-07-29

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