Krygoski Mining Limited & another v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E037 of 2025) [2025] KEELC 6482 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a mining licence petition because the objectors had to finish the Mining Act's internal objection process first.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over the Petition and Notice of Motion given the statutory mechanisms in the Mining Act, 2016 and the doctrine of exhaustion
The Court, though possessed of subject-matter jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act, declined jurisdiction because objections under Section 34(4) were pending before the Cabinet Secretary through the Minerals Rights Board, and statutory appeals under Sections 154-155 and 157 remained unexhausted.
Parliament has front-loaded dispute resolution in mining matters: objections to licence grants must be heard by the Cabinet Secretary through the Minerals Rights Board under Section 34(5). Such objections were in fact lodged but undetermined. Section 9(2) of the Fair Administrative Action Act bars judicial review before exhaustion, and no exemption under Section 9(4) was sought or justified. Entertaining the Motion would pre-empt the administrative mandate.
Legal principles established
#- A proper preliminary objection raises a pure point of law on the assumption that the opponent's pleaded facts are correct; it cannot succeed where disputed facts must be ascertained or judicial discretion invoked.
- A court's jurisdiction flows from the Constitution or legislation and must be exercised strictly within those limits.
- Where Parliament has established a statutory dispute-resolution mechanism, parties must exhaust it before seeking judicial relief; courts will not entertain suits filed prematurely.
- Under Section 9(2) of the Fair Administrative Action Act, courts shall not review administrative action unless available internal mechanisms and remedies under other written law are first exhausted.
Court orders
#- 1.The Preliminary Objection dated 30th May 2025 is merited and allowed
- 2.The Petition and the Notice of Motion, both dated 19th May 2025, are struck out in limine for prematurity
- 3.Costs of the Preliminary Objection awarded to the 1st to 3rd Respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act (subject-matter jurisdiction); preliminary objection on jurisdiction under Sections 34, 154, 155 and 157 of the Mining Act, 2016 and the doctrine of exhaustion
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Krygoski Mining Limited & another v Cabinet Secretary, Ministry of Mining, Blue Economy and Maritime Affairs & 2 others (Environment and Land Petition E037 of 2025) [2025] KEELC 6482 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6482/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.