Isiolo Ground Users Association (Suing through its Officials; Hussein Haji Abdullahi (Chairman), Abikar Mohamud Osman (Secretary) and Dabaso Boru (Treasurer) & another v Isiolo Sand Transporters Association & 3 others; National Environment Management Authority, Office of the County Director of Environment Isiolo & another (Interested Parties) (Petition E001 of 2023 & Environment and Land Petition 002 of 2022 (Consolidated)) [2025] KEELC 6464 (KLR)
The bottom line
#The Isiolo Environment and Land Court dismissed petitions challenging sand harvesting because the petitioners proved no actual environmental breach and had no exclusive claim over public resources.
What this practically means
#Executive summary
#Key legal issues
#Precision and particularity of constitutional petitions (Anarita Karimi Njeru rule)
The petition met the Anarita Karimi Njeru threshold; it pleaded the constitutional provisions infringed, the culprits and the manner of breach
The court restated the requirement that a petitioner plead with reasonable precision the provisions infringed, the violators and the manner of violation, citing Mumo Matemu. On a reading of paragraphs 45 and 46 of the petition, the petitioner had particularised its claims, adverted to the Fourth Schedule and Articles 42, 69 and 70, so the 3rd Respondent's objection failed.
Whether the County Government of Isiolo acted ultra vires the Fourth Schedule
The County Government's approval of sand harvesting and murram excavation did not violate Part 2 of the Fourth Schedule
Environmental conservation and sand harvesting within Isiolo County fall within the county's constitutional purview under Part 2(10) of the Fourth Schedule. The Sand Harvesting Regulations of 2024 also authorize county governments in approvals and licensing. Public land and its resources cannot be exclusively claimed by the petitioner via an MOU.
Whether the petitioner's right to a clean and healthy environment was violated
No violation proved; the petitioner failed to tender evidence such as an environmental audit report demonstrating breach
Although Article 70(3) removes the need to prove loss or injury, the petitioner still bore the burden of demonstrating the breach itself. No environmental audit report was produced, and the petitioner itself held an EIA licence and conducted similar sand harvesting, revealing an attempt to secure exclusive commercial benefit from public natural resources.
Status of the issue of ownership of the disputed land raised by the 2nd Interested Party
The court declined to determine whether the disputed ground is national or county public land, as it was raised only via submissions
The issue was not pleaded but smuggled in through the 2nd Interested Party's replying affidavit and written submissions. An interested party cannot propagate an issue outside the main suit; submissions cannot replace pleadings or evidence. The question must await its due time, possibly before the National Land Commission.
Legal principles established
#- No new issue can be raised via submissions; submissions cannot take the place of pleadings or evidence
- An interested party cannot propagate a cross-petition or an issue outside the purview of the main suit
- Public land shall not be disposed of or otherwise used except in terms of an Act of Parliament (Article 62(4))
- A petitioner must demonstrate the breach or violation of the right to a clean and healthy environment, distinct from loss or injury, notwithstanding Article 70(3)
- County governments are mandated to implement specific national government policies on natural resources and environmental conservation under Part 2(10) of the Fourth Schedule
Court orders
#- 1.Petition No. E 001 of 2023 dismissed
- 2.Petition No. 002 of 2022 dismissed
- 3.Each party to bear own costs of the proceedings
- 4.Conservatory orders issued on 29th May 2023 discharged
- Jurisdiction invoked
- Articles 42, 69 and 70 of the Constitution of Kenya 2010 (environmental rights jurisdiction of the Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isiolo Ground Users Association (Suing through its Officials; Hussein Haji Abdullahi (Chairman), Abikar Mohamud Osman (Secretary) and Dabaso Boru (Treasurer) & another v Isiolo Sand Transporters Association & 3 others; National Environment Management Authority, Office of the County Director of Environment Isiolo & another (Interested Parties) (Petition E001 of 2023 & Environment and Land Petition 002 of 2022 (Consolidated)) [2025] KEELC 6464 (KLR)", Case Analysis (2025). Petition No. E 001 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6464/eng@2025-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.