Del Monte Kenya Limited v Speaker of the National Assembly & 3 others; Kandara Residence Association Otherwise Known as Kandara Residents’ Association & 131 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2025] KEELC 6579 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the National Assembly may consider public petitions relating to land disputes under Article 119
Yes - its deliberative authority under Articles 95 and 119 is unlimited and includes resolution of land disputes
Article 119(1) guarantees every person the right to petition Parliament on any matter within its authority, while Article 95 empowers the National Assembly to deliberate on and resolve issues of concern to the people. Read together, these provisions confer an unlimited deliberative mandate that encompasses land disputes, so the Assembly could entertain the Interested Party's petition notwithstanding the existence of related litigation.
Whether the parliamentary petitions offended the doctrine of sub judice
No - the subject matter fell within statutory mandates of the Executive, the National Land Commission and the Registrar that the courts cannot displace by prior litigation
The petitions concerned lease renewal and possible occupation of land in excess of registered area. Under section 13 of the Land Act and the Land (Extension and Renewal of Leases) Rules 2017, lease renewal falls to the national and county governments and the NLC, not the judiciary; boundary disputes under section 18(2) of the Land Registration Act lie with the Land Registrar. The Petitioner's remedy was to object and, if its rights were violated, come to court afterwards.
Whether the Petitioner's constitutional rights were violated by the committee proceedings
No - the Petitioner failed to discharge its burden of proof on a balance of probabilities
Because the case proceeded by affidavit without cross-examination, credibility could not be tested. The committee's records suggested the Petitioner's director acquiesced to a resurvey, while the director implied the exercise was an ambush and he had not consented. Faced with this conflict, and absent corroboration, the court held the Petitioner's uncorroborated affidavit evidence insufficient against the clerk's denial.
Legal principles established
#- The National Assembly's authority to deliberate and resolve issues of concern to the people under Articles 95 and 119 extends to considering petitions relating to land disputes, including matters that are or have been before the courts.
- A petitioner alleging constitutional violation bears the burden of proving it to the standard of a balance of probabilities, and uncorroborated affidavit evidence contradicted on oath may not suffice.
Court orders
#- 1.The amended petition dated 27/3/2024 is dismissed
- 2.Costs of the petition awarded to the 1st interested party
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya (Environment and Land Court jurisdiction) and Article 23 (enforcement of Bill of Rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Del Monte Kenya Limited v Speaker of the National Assembly & 3 others; Kandara Residence Association Otherwise Known as Kandara Residents’ Association & 131 others (Interested Parties) (Environment and Land Petition E002 of 2023) [2025] KEELC 6579 (KLR)", Case Analysis (2025). Petition No. E006 of 2023 (amended petition dated 27/3/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6579/eng@2025-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.