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ELCPartially AllowedPetition dated 12th February 2024 (Amended 7th October 2024)· [2025] KEELC 6277 (KLR)

Kalba & another v Ministry of Lands, Housing and Urban Development & 4 others (Environment and Land Petition E002 of 2024) [2025] KEELC 6277 (KLR)

Environment and Land Court
24 September 2025
JMJ. M. Mutungi
4,553 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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A Kenyan court cancelled a wildlife conservancy's licence because the community that owns the land never approved it, though the community land title itself stands.

What this practically means

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Executive summary

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The Petitioners, residents of Kamuthe location in Garissa County, challenged the registration of Kamuthe Community Land and the establishment and licensing of the Kamuthe Wildlife Conservancy. They sought declarations that the conversion of the suit land into community land vide Gazette Notice No. 8887 of 30th June 2023 and the conservancy's licence were unconstitutional, certiorari to quash title Garissa/Kamuthe/2 and the KWS licence, a permanent injunction against eviction, and declarations that their rights under Articles 35, 40, 42 and 47 were violated. The 1st and 5th Respondents and the 4th Respondent maintained that due process under Sections 7 and 8 of the Community Land Act was followed, with public participation, and that only part of the community land was set aside for the conservancy. The court framed three issues: validity of the community registration and title; whether the conservancy violated public participation and Section 7; and entitlement to reliefs. It held the registration of Kamuthe Community and title issuance were validly done with appropriate public participation. However, the conservancy was approved before the community was registered, without ratification by members under Section 19(2)(e), without NEMA environmental approval, and while the land was unidentifiable. The court declared the conservancy's registration and licence unconstitutional and void, revoked the licence, cancelled the conservancy's interest in the register, and declared the conservancy illegal until lawfully established. Each party was to bear its own costs.

Key legal issues

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01

Validity of registration of Kamuthe Community and title Garissa/Kamuthe/2

Holding

Registration was validly done with appropriate public participation under Sections 7 and 8 of the Community Land Act

Reasoning

The court found a formal notice published in the Daily Nation under Section 7(2), a meeting on 7th March 2023 attended by about 600 members who elected a 15-member Management Committee, registration on 14th March 2023, and due adjudication under Section 8 pursuant to Gazette Notice No. 8887. The process under the Act was thus followed and could not be faulted.

p. 7
02

Validity of the registration and licensing of Kamuthe Wildlife Conservancy

Holding

The conservancy registration and licence were unconstitutional, unlawful and void for want of public participation and non-compliance with Sections 19 and 20 of the Community Land Act

Reasoning

The conservancy was approved in 2022 before Kamuthe Community was registered, so no registered community or Management Committee existed to submit or ratify a land use plan. KWS approval predated the gazettement of adjudication, making the land unidentifiable. No NEMA environmental impact assessment approval was exhibited. Section 19(2)(e) ratification by members was never obtained.

p. 9

Legal principles established

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  • Registration of a wildlife conservancy on community land constitutes a use of the land requiring ratification by members of the registered community under Section 19 of the Community Land Act
  • A land use and development plan for community land must be ratified by members of the registered community

Court orders

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  1. 1.Declaration that the registration and issue of any operating licence in favour of Kamuthe Wildlife Conservancy was in violation of the Constitution and the Community Land Act for want of public participation
  2. 2.Any licence issued by Kenya Wildlife Service to Kamuthe Wildlife Conservancy is null and void and is revoked and/or cancelled
  3. 3.Any interest noted in the register of title No. Garissa/Kamuthe/2 in favour of Kamuthe Wildlife Conservancy is cancelled
  4. 4.Declaration that Kamuthe Wildlife Conservancy operated and managed by the 4th Respondent and other officials is illegal until establishment through legal means under the Community Land Act and the Wildlife Conservation Act, 2013
  5. 5.Each party to bear own costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10(1) and (2), 35, 40(2), 42, 47, 63(2), 63(3), 63(4), 69(1)(d) and (f)
  • Community Land ActSections 4, 4(3), 7 (including 7(2), 7(5)), 8, 15, 19(1) and (2), 20, 21(2), 39
  • Wildlife Conservation and Management Act, 2013Section 39

Cases cited (1)

  • Osman & 164 Others (suing on their behalf and behalf of Residents of Merit Sub County, Chari, and Cherab Wards in Isiolo County) –vs- Northern Rangelands Trust & 8 Others
    (2025) KEELC 99(KLR)
Jurisdiction invoked
Constitution of Kenya, 2010 (constitutional petition on land and environment, Articles 10, 35, 40, 42, 47, 63, 69)

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, "Kalba & another v Ministry of Lands, Housing and Urban Development & 4 others (Environment and Land Petition E002 of 2024) [2025] KEELC 6277 (KLR)", Case Analysis (2025). Petition dated 12th February 2024 (Amended 7th October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6277/eng@2025-09-24

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