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ELCStruck OutNot stated in the judgment excerpt· [2025] KEELC 6482 (KLR)

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)

Environment and Land Court
30 September 2025
1,869 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling on a preliminary objection by the 1st and 2nd Respondents, supported by the 3rd Respondent's grounds of opposition, seeking to strike out the Petitioners' Petition and Notice of Motion dated 19th May 2025 for want of jurisdiction. The Petitioners alleged that the 1st Petitioner lodged a Discovery Report under Section 9 of the Mining Act, 2016, attracting a first right of refusal and a 90-day exclusive right to apply under Regulation 14, yet Gazette Notice No. 4844 of 2025 publicized an application by the 3rd Respondent and the Discovery Report was shown as terminated, breaching legitimate expectation and Articles 40 and 47. They sought interim injunctions, conservatory orders and disclosure. The sole issue was whether the Court had jurisdiction given Sections 34, 154 and 155 of the Mining Act and the doctrine of exhaustion. Relying on Mukisa Biscuits and Samuel Kamau Macharia, the Court held that although it has subject-matter jurisdiction over minerals disputes under Article 162(2)(b) and Section 13 of the ELC Act, Parliament has front-loaded dispute resolution: objections lodged under Section 34(4) by the Kenya Chamber of Mines and approximately 500 landowners must be heard by the Cabinet Secretary through the Minerals Rights Board, followed by any Part IX avenues and a statutory appeal to the High Court under Section 157. Section 9(2) of the Fair Administrative Action Act bars review before exhaustion and no exemption under Section 9(4) was sought. The preliminary objection was allowed and the Petition and Notice of Motion were struck out in limine for prematurity, with costs to the 1st to 3rd Respondents.

Key legal issues

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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

Holding

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.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The Preliminary Objection dated 30th May 2025 is merited and allowed
  2. 2.The Petition and the Notice of Motion, both dated 19th May 2025, are struck out in limine for prematurity
  3. 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

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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, "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.