Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNotice of Motion dated 16/08/2023 (Petition number not stated in the judgment)· [2025] KEELC 6119 (KLR)

African Centre For Corrective & Preventive Action & another (On Their Own Right and on Behalf of the Class of Persons Affected by the Use of Glyphosate, Paraquat, Imidacloprid, Clothianidin, Fipronil, Chlorpyrifos, Thiacloprid, Thiamethoxam, Fenitrothion, Malathion and Dinotefuran) v Agrochemicals Association of Kenya & 13 others; Kenya Plantation & Agricultural Workers' Union (Interested Party) (Petition E048 of 2022) [2025] KEELC 6119 (KLR)

Environment and Land Court
18 September 2025
8,234 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~33 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court allowed a public-interest pesticide petition to be advertised nationwide, letting affected farmers and consumers join the case.

What this practically means

#

Executive summary

#
This Environment and Land Court ruling at Nairobi, delivered by J.G. Kemei, J on 18 September 2025, determined the Petitioners' Notice of Motion dated 16 August 2023 seeking leave to advertise their petition, filed in their own right and on behalf of Kenyan consumers and farmers allegedly harmed by pesticide products containing active ingredients including paraquat and glyphosate. The Petitioners sought to advertise the petition in a daily newspaper of nationwide circulation so that affected or interested persons could join the proceedings. Most of the fourteen Respondents opposed, arguing lack of written representative authority, an unidentifiable class, absence of common issues, a fishing expedition, and, for the 2nd and 4th Respondents, want of jurisdiction for failure to exhaust remedies under the Pest Control Products Act, Cap. 346. The Court first addressed jurisdiction, holding that although the objection was raised only in submissions, it could determine it; it found the Pest Control Products Act and its 2022 Regulations provide dispute-resolution mechanisms only for registration and licensing matters, not civil disputes, so the exhaustion doctrine did not apply and the Court had jurisdiction. It then held the petition competent as public interest litigation under Articles 22(2)(b) and 258(2)(b), satisfying the Anarita Karimi Njeru precision standard, and held that constitutional petitions are governed by the Mutunga Rules, not the Civil Procedure Rules. Applying Rule 9 of the Mutunga Rules, Articles 35 and 46 and the Access to Information Act, the Court allowed the application: the notice is to be prepared within 7 days, and, subject to the Registrar's approval, published within 15 days, with 30 days allowed for intended parties to apply to join. The Court made no orders as to costs.

Key legal issues

#
01

Whether the Petitioners were required to exhaust dispute resolution mechanisms under the Pest Control Products Act before filing the petition.

Holding

No; the Act and its Regulations provide mechanisms only for certification and licensing matters (appeals to the Minister on registration decisions), not for civil disputes, so the petition is properly before the Court.

Reasoning

The Court first held it could determine jurisdiction even though raised only in submissions, as jurisdiction may be raised suo moto. It then examined the Pest Control Products Act, Cap. 346, and the 2022 Regulations, finding their only dispute-resolution provisions concern refusal, suspension or revocation of registration, with appeals to the Minister. The statute does not specify mechanisms for civil matters, so the exhaustion doctrine does not bar the petition.

p. 11
02

Whether the Petition is competent as a representative suit and/or public interest litigation.

Holding

Yes; it complies with Articles 22(2)(b) and 258(2)(b) of the Constitution and the Anarita Karimi Njeru standard of precision.

Reasoning

The Court held the Constitution and Mutunga Rules permit anyone to sue in the public interest without needing written authority under Order 1 Rule 8 of the Civil Procedure Rules, since constitutional petitions are governed by the Mutunga Rules. The petition identified the right infringed, the provisions violated and the manner of violation with reasonable precision, and consolidating claims avoids multiplicity of suits.

p. 12
03

Whether the Petition should be advertised in a national newspaper to allow affected or interested parties to join.

Holding

Yes; Rule 9 of the Mutunga Rules empowers the Court to direct publication, and the failure to attach a draft notice is not fatal since the notice requires Registrar's approval.

Reasoning

The Court drew on Article 35 (access to information), Article 46 (consumer rights) and the Access to Information Act, holding that court proceedings are public and consumers are entitled to information about the impugned active ingredients. Publication serves the same purpose as Order 1 Rule 8 notices: informing persons with similar causes and avoiding multiplicity of suits. No prejudice to the Respondents was demonstrated.

p. 16

Legal principles established

#
  • The Pest Control Products Act and its Regulations do not provide administrative remedies for civil disputes concerning pesticides; hence the ELC has jurisdiction over such constitutional petitions.
  • Constitutional petitions are governed by the Mutunga Rules, not the Civil Procedure Rules, and cannot be defeated for non-compliance with CPR procedures such as written representative authority.
  • A petition filed in the public interest complies with Article 22(2)(b) and 258(2)(b) even where a class of persons is not precisely defined.

Court orders

#
  1. 1.The applicant shall, within a period of 7 days, cause the preparation of the relevant notice in conformity with the provisions of section 9 of the Mutunga Rules for consideration.
  2. 2.Subject to approval of the Registrar, the petitioners should be at liberty to advertise the petition within 15 days of the approval.
  3. 3.Upon advertisement of the Petition and pursuant to Rule 14 of the Mutunga Rules, the Court grants 30 days within which intended parties may move the court accordingly.
  4. 4.No orders as to costs.
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya read with Section 13(2) of the Environment and Land Court Act; petition under Article 22 and Rule 9 of the Mutunga Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "African Centre For Corrective & Preventive Action & another (On Their Own Right and on Behalf of the Class of Persons Affected by the Use of Glyphosate, Paraquat, Imidacloprid, Clothianidin, Fipronil, Chlorpyrifos, Thiacloprid, Thiamethoxam, Fenitrothion, Malathion and Dinotefuran) v Agrochemicals Association of Kenya & 13 others; Kenya Plantation & Agricultural Workers' Union (Interested Party) (Petition E048 of 2022) [2025] KEELC 6119 (KLR)", Case Analysis (2025). Notice of Motion dated 16/08/2023 (Petition number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6119/eng@2025-09-18

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