Thitu (Suing as the Legal Representative of Makaga Help Group) v County Government of Nyeri & 5 others (Environment and Land Petition E001 of 2023) [2025] KEELC 6188 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Pleading precision in constitutional petitions (Anarita Karimi Njeru rule)
The Petitioner did not plead with precision the provisions said to have been infringed and how they were infringed
The court invoked the Anarita Karimi Njeru standard, which requires a petitioner to set out the provision said to be infringed and the manner of infringement. The Respondents asserted the Petitioner had not precisely pleaded breach of constitutional rights, and the court found the claim unsupported by specific evidence of the decree or promises relied upon.
Proof of the alleged 1989 eviction and resettlement promise
No evidence was produced of the Presidential Decree, the promises of resettlement, or the membership of the group
The supporting affidavit alleged eviction in 1989 and a membership of at least 1,500 but furnished no membership list, no evidence of the decree, and no records of those evicted. The group was registered only on 11th August 2015, about 26 years after the alleged eviction, with no explanation how members were identified.
Inordinate and unexplained delay in filing the Petition
The Petition, filed about 34 years after the alleged eviction, was late and unexplained
The Respondents argued inordinate delay without explanation demonstrated the claim was not genuine. The court agreed that 34 years' delay required explanation, none was offered, and this weighed against the Petitioner's credibility and the genuineness of the claim.
Legal principles established
#- A party seeking redress on a constitutional matter must plead with reasonable precision the provision infringed and the manner of infringement (Anarita Karimi Njeru principle)
- A constitutional claim founded on events long past requires an explanation for inordinate delay in filing
Court orders
#- 1.The Petition dated 18th September 2023 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Constitutional petition alleging violation of rights to property (Constitution of Kenya, 2010)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thitu (Suing as the Legal Representative of Makaga Help Group) v County Government of Nyeri & 5 others (Environment and Land Petition E001 of 2023) [2025] KEELC 6188 (KLR)", Case Analysis (2025). Petition dated 18th September 2023 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6188/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.