Mbulia Community Land Defenders & 3 others v Mwaizinga & 16 others (Environment and Land Case E015 of 2025) (Environment and Land) [2025] KEELC 6749 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the doctrine of exhaustion under Section 39 of the Community Land Act barred the suit
The objection failed because the Plaintiffs demonstrated they attempted the internal dispute resolution mechanisms, including a letter dated 5th November 2024 requesting ADR and requests to convene an AGM, all unsuccessful.
The court held exhaustion applies only where the alternative forum is accessible, affordable, timely and effective. The Plaintiffs pleaded efforts to resolve the dispute and produced correspondence evidencing requests for ADR and for convening an AGM. Having made statutory attempts, they could not be dislodged from the seat of justice. The Mwasighwa decision was distinguished as the parties there had made no such efforts.
Whether the 1st Plaintiff lacked locus standi as a non-body corporate
The locus issue was moot because the court had on 4th August 2025 granted leave to the Plaintiffs to institute the suit.
The court noted its prior order of 4th August 2025 granting leave to institute the suit, rendering the locus standi ground of the preliminary objection moot and unsustainable.
Whether the ELC has jurisdiction over disputes on internal management of registered community land
The court found jurisdiction under Article 162(2)(b) and Section 13 of the Environment and Land Court Act, which covers land administration and management and community land disputes.
The court set out Section 13(2) of the ELC Act conferring power to hear disputes relating to land administration and management, public, private and community land, and any other dispute relating to environment and land. The internal management dispute concerning membership and participation in community land affairs fell within this jurisdiction.
Legal principles established
#- The exhaustion doctrine applies only where the alternative forum is accessible, affordable, timely and effective; a party who has attempted statutory alternative dispute resolution cannot be defeated by the doctrine of exhaustion or ripeness.
- A court's jurisdiction is derived from the Constitution, an Act of Parliament or settled judicial precedent, and a court acting without jurisdiction engages in nullity.
Court orders
#- 1.The preliminary objection raised by the 1st to 16th Defendants is dismissed in its entirety
- 2.Each party to bear own costs of the preliminary objection
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbulia Community Land Defenders & 3 others v Mwaizinga & 16 others (Environment and Land Case E015 of 2025) (Environment and Land) [2025] KEELC 6749 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6749/eng@2025-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.