Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition No. E 001 of 2023· [2025] KEELC 6464 (KLR)

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)

Environment and Land Court
16 September 2025
8,655 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~35 min to read original · ~4 min brief

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

#
Two consolidated constitutional petitions concerned the Isiolo Holding Ground in Isiolo County. The Petitioners, holding a 1993 Memorandum of Understanding with the Ministry of Agriculture and Livestock Development and an EIA licence from NEMA, alleged that the 1st and 2nd Respondents' sand harvesting and murram excavation - sanctioned by the County Government of Isiolo (3rd Respondent) - violated their right to a clean and healthy environment under Articles 42, 69 and 70. They sought declarations, injunctions, mandatory orders and compensation. The 3rd Respondent countered that the petition lacked precision and that the land fell within county jurisdiction; NEMA supported the petitioners; the 2nd Interested Party (State Department for Livestock Development) supported the petition but its cross-petition had been struck out. The court framed four issues. It held the petition satisfied the Anarita Karimi Njeru precision rule; declined to determine ownership of the land as that issue had been raised only via submissions and an interested party cannot propagate issues outside the main suit; held the County Government acted within the Fourth Schedule and the 2024 Sand Harvesting Regulations; and found the petitioners had not proved breach of their environmental right, no environmental audit report having been tendered, and the petitioners themselves being licensed sand harvesters. The court characterized the petition as an attempt to secure unjust enrichment from public natural resources. Both petitions were dismissed, conservatory orders of 29 May 2023 discharged, and each party ordered to bear its own costs.

Key legal issues

#
01

Precision and particularity of constitutional petitions (Anarita Karimi Njeru rule)

Holding

The petition met the Anarita Karimi Njeru threshold; it pleaded the constitutional provisions infringed, the culprits and the manner of breach

Reasoning

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.

p. 12
02

Whether the County Government of Isiolo acted ultra vires the Fourth Schedule

Holding

The County Government's approval of sand harvesting and murram excavation did not violate Part 2 of the Fourth Schedule

Reasoning

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.

p. 13
03

Whether the petitioner's right to a clean and healthy environment was violated

Holding

No violation proved; the petitioner failed to tender evidence such as an environmental audit report demonstrating breach

Reasoning

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.

p. 15
04

Status of the issue of ownership of the disputed land raised by the 2nd Interested Party

Holding

The court declined to determine whether the disputed ground is national or county public land, as it was raised only via submissions

Reasoning

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.

p. 9

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. 1.Petition No. E 001 of 2023 dismissed
  2. 2.Petition No. 002 of 2022 dismissed
  3. 3.Each party to bear own costs of the proceedings
  4. 4.Conservatory orders issued on 29th May 2023 discharged

Authorities

#

Legislation

  • Constitution of Kenya 2010Articles 2(1), 2(4), 10(1), 10(2)(b), 20(1), 40(2), 42, 62(2), 62(2)(b), 62(4), 67(2), 69(1)(a), 69(1)(h), 70, 70(2)(c), 70(3); Fourth Schedule Parts 2(10)
  • Environment Management and Coordination Actsection 3(3); sections 58, 59, 108, 109
  • Environmental Management and Co-ordination (Sand Harvesting) Regulationsregulation 5
  • Trust Land Act
  • Evidence Actsections 108, 109
  • Civil Procedure Actsections 1A, 1B
  • Appellate Jurisdiction Actsections 3A, 3B
  • Legal Notices No. 1127 and 1827 of 1987/1989 (referenced as gazette notices setting aside Isiolo Holding Ground)

Cases cited (11)

  • Mohamed Ali Badi & Others vs the Attorney General & 11 others
    (2018) KEHC
  • David M. Detei vs Orbit Chemical Industries Limited
    (2014) KEHC
  • Anarita Karimi Njeru vs Republic
    [1976-1980] KLR 1272 / (1979) eKLR
  • Mumo Matemu vs Trusted Society of Human Rights Alliance & 5 others
    (2013) eKLR / [2013] KECA 445 (KLR)
  • Daniel Toroitich Arap Moi v Mwangi Stephen Muriithi & another
    [2014] KECA 642 (KLR)
  • Ogando v Watu Credit Limited & another
    [2024] KEHC 3074 (KLR)
  • Gwer & 5 others v Kenya Medical Research Institute & 3 others
    (Petition 12 of 2019) [2020] KESC 66 (KLR) (Civ)
  • Raila Odinga & others v Independent Electoral & Boundaries Commission & others
    Petition No 5 of 2013
  • Peter K. Waweru v Republic
    [2006] KEHC 3202 (KLR)
  • Thorp v Holdsworth
    (1876) 3 Ch. D. 637
  • Kipsoi Kinyanga; Stephen Ole Toki and Isaac Kinga Gitonga vs Director of Livestock (HCC No. 11 of 1995)
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.