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ELCPartially AllowedNot stated in the judgment text (Embu ELC Appeal from Runyenjes PM ELC Case No. 15 of 2020)· [2025] KEELC 5864 (KLR)

CEC Roads & Infrastructure County Government of Embu & another v Njuki & 2 others (Environment and Land Appeal E018 of 2022) [2025] KEELC 5864 (KLR)

Environment and Land Court
2 July 2025
1,401 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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What this practically means

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Executive summary

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This was a first appeal to the Environment and Land Court at Embu against the judgment of Hon J.W Gichimu, Senior Principal Magistrate, in Runyenjes PM ELC Case No. 15 of 2020. The 1st Respondent, registered proprietor of land parcel Kagaari/Kigaa/183, had sued Peanco Company Limited, the MCA for Runyenjes Ward, the CEC Road and Infrastructure, and the County Government of Embu, claiming that the 2nd Respondent excavated a road reserve alienating approximately 0.22 hectares of his land, and sought Kshs. 1,607,932.30 jointly and severally. The trial court entered judgment against all defendants on the basis that its unchallenged evidence proved the claim. The Appellants (CEC Road and Infrastructure and the County Government of Embu) appealed, contending that the trial court shifted the burden of proof onto them and wrongly found vicarious liability without evidence of any relationship with the 2nd Respondent. The appeal was canvassed by written submissions. K. Bor, J, held that vicarious liability requires proof of both a supervisory relationship and actionable conduct; that no evidence showed the 2nd Respondent was contracted, instructed or supervised by the Appellants; and that the Respondent's belief that the tender must have come from the County Government was speculative. The court found the Magistrate erred by inferring liability from the defendants' failure to testify. The appeal was allowed, the trial court's judgment set aside, and each party ordered to bear its own costs of the appeal. Notably, the court also found it unproven that the 2nd Respondent undertook the construction at all or that land was alienated.

Key legal issues

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01

Whether the trial court erred in holding the Appellants vicariously liable for the trespass and excavation committed by the 2nd Respondent

Holding

Yes; the Appellants' vicarious liability was not proved and the trial court's judgment was set aside.

Reasoning

Vicarious liability requires proof of a relationship between the supervisory party and the wrongdoer plus actionable conduct. There was no evidence that the 2nd Respondent was contracted, instructed or supervised by the Appellants. The Respondent's belief that the County Government must have awarded the tender was speculative. The Magistrate wrongly inferred liability from the failure of the Appellants and co-defendants to testify, effectively shifting the burden of proof onto the Appellants.

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02

Whether the road in question fell within the mandate of the 2nd Appellant or KeRRA

Holding

Not determinatively decided; the appeal succeeded on lack of proof of the nexus, the court holding it was neither proved that the 2nd Respondent undertook the construction nor that land was alienated.

Reasoning

The Appellants submitted that roads are governed by the Kenya Roads Act and that the road was classified as a KeRRA road outside the County Government's mandate. The court did not resolve this classification dispute, instead finding that the foundational facts linking the Appellants to the works were never proved by the 1st Respondent.

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Legal principles established

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  • Vicarious liability requires proof of both a relationship between the supervisory party and the wrongdoer and actionable conduct by the latter; the claimant bears the burden of proving that relationship.
  • A court cannot infer liability from a defendant's failure to testify where the claimant bears the burden of proof and has adduced no evidence of the alleged relationship.

Court orders

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  1. 1.The appeal is allowed
  2. 2.The judgment of the trial court is set aside
  3. 3.Each party shall bear its own costs of the appeal

Authorities

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Legislation

  • Kenya Roads ActNo. 2 of 2007
On appeal from
Senior Principal Magistrate's Court, Runyenjes
Runyenjes PM ELC Case No. 15 of 2020 - Juliano Kivuti Njuki v Peanco Company Limited & 3 others
Jurisdiction invoked
First appellate jurisdiction of the Environment and Land Court over the magistrates' court judgment in a land matter

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, "CEC Roads & Infrastructure County Government of Embu & another v Njuki & 2 others (Environment and Land Appeal E018 of 2022) [2025] KEELC 5864 (KLR)", Case Analysis (2025). Not stated in the judgment text (Embu ELC Appeal from Runyenjes PM ELC Case No. 15 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5864/eng@2025-07-02

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