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ELCDismissedConstitutional Petition No E022 of 2021· [2025] KEELC 6533 (KLR)

Olang & 18 others v Lake Victoria South Water Works Development Agency Limited & 7 others (Constitutional Petition E022 of 2021) [2025] KEELC 6533 (KLR)

Environment and Land Court
29 September 2025
SOS. Okong'o
15,507 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~62 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kisumu dismissed a challenge to a Kisumu wastewater project because residents filed too early, before any construction or approvals existed, and were ordered to pay costs.

What this practically means

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Executive summary

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The Petitioners, landowners and residents of Korando, Central Ward, Kisumu County, petitioned against the construction of a wastewater treatment facility under the Lake Victoria Water and Sanitation (LVWATSAN) Program, alleging that the project was being implemented without public participation, without a Water Service Strategy under Section 64 of the Water Act 2016, without an Environmental Impact Assessment under Section 58 of EMCA, and in violation of their rights to a clean and healthy environment, human dignity, property and fair administrative action. They sought thirteen reliefs including declarations, a permanent injunction, mandamus, prohibition and compensation. The Respondents maintained the project was at proposal/sensitisation stage: no feasibility study, project design, ESIA or EIA licence application had been undertaken, no land identified or acquired, and only public awareness meetings had been held. They argued the petition was premature and unripe. The court, adopting its earlier findings in the 11th March 2024 ruling on the conservatory orders application (the parties having filed no new material), held that the Petitioners failed to discharge the burden of demonstrating any violation or threatened violation. Alleged environmental impacts were mere speculation in the absence of land information, project details and an ESIA report. The court agreed the petition was premature since only public sensitisation had occurred and no material activity affecting the environment had commenced. All reliefs were refused and the petition was dismissed with costs to the Respondents, the court finding the Petitioners' persistence without new material unreasonable.

Key legal issues

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01

Whether the Petitioners proved violation or threatened violation of their rights to a clean and healthy environment, dignity and property

Holding

The petition was dismissed; the Petitioners did not discharge the burden of proof

Reasoning

The court found no evidence that the 1st Respondent had commenced construction, acquired land, undertaken a feasibility study, project design or ESIA, or applied for an EIA licence. What the 1st and 3rd Respondents had conducted were public awareness and sensitisation meetings, not ESIA public participation. Without land information, project details and an ESIA report, the alleged social and environmental impacts were mere speculation.

p. 25
02

Whether the petition was premature and unripe

Holding

Yes; the project was at proposal/sensitisation stage when the petition was filed

Reasoning

No construction or material activity affecting the environment had commenced in Korando; no land had been identified or acquired; no EIA licence application had been lodged with NEMA. Procedures exist for challenging development approvals if carried out unlawfully, and the Petitioners' claims were speculative at that stage.

Legal principles established

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  • It is not enough to allege that a right has been violated; a petitioner must demonstrate the alleged violation or threatened violation with evidence
  • A constitutional petition premised on an anticipated project is premature where no material activity affecting the environment has commenced, no land identified or acquired, and no EIA process undertaken

Court orders

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  1. 1.The petition is dismissed with costs to the Respondents

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 3, 10, 21, 22(1), 23(3), 27, 28, 31, 40, 42, 43, 47, 67(2), 70
  • Water Act, 2016Sections 2, 11, 57, 63, 64(1) and (2), 65, Part VI
  • Environmental Management and Coordination Act, 1999Sections 3(2), 7, 9, 31, 32, 58, 65(1), 129, Part VI, Second Schedule
  • Environmental (Impact Assessment and Audit) Regulations, 2003not specified
  • Evidence ActChapter 80 Laws of Kenya (general reference)

Cases cited (8)

  • Anarita Karimi Njeru v. Republic
    [1979] eKLR; (1976-1980) KLR 1272
  • Mumo Matemu v. Trusted Society of Human Rights Alliance & 5 others
    [2013] eKLR
  • Mui Coal Basin Local Community & 15 others v. Permanent Secretary Ministry of Energy & 17 others
    [2015] eKLR
  • Simon Otwori & 7 others v. Lake Victoria South Water Service Board & 6 others
    [2018] eKLR
  • Speaker of the National Assembly v. James Njenga Karume
    [1992] eKLR
  • Martin Kabubii Mwangi v. County Government of Laikipia
    [2019] eKLR
  • Wanjiru Gikonyo & 2 others v. National Assembly of Kenya & 4 others
    Nairobi, Constitutional Petition No. 453 of 2015 [2016] eKLR
  • National Assembly of Kenya & Another v. The Institute for Social Accountability & 6 others
Jurisdiction invoked
Articles 22(1) and 23(3) of the Constitution of Kenya, 2010 (enforcement of Bill of Rights); Environment and Land Court jurisdiction over environment and land disputes

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, "Olang & 18 others v Lake Victoria South Water Works Development Agency Limited & 7 others (Constitutional Petition E022 of 2021) [2025] KEELC 6533 (KLR)", Case Analysis (2025). Constitutional Petition No E022 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6533/eng@2025-09-29

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