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ELCStruck OutNot stated in the judgment· [2025] KEELC 7435 (KLR)

Lelrgatab & 7 others v Community Land Registrar Isiolo/Marsabit & 2 others; Lentilalu & 6 others (Interested Parties) (Environment and Land Petition E005 of 2024) [2025] KEELC 7435 (KLR)

Environment and Land Court
9 October 2025
4,408 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Isiolo struck out a community land petition as premature because the statutory registration process under the Community Land Act had not yet been completed.

What this practically means

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Executive summary

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This is a ruling on a notice of preliminary objection dated 22nd July 2025 raised by interested parties in a constitutional petition filed by eight petitioners led by Edward Lobiki Lenasalon. The amended petition dated 5th June 2025 sought declarations that the respondents breached the petitioners' rights to fair administrative action and property, that failure to recognise the proposed Loonjorin-Ntaletiani community land infringed legitimate expectation, that Gazette Notice No. 10358 of 3rd July 2024 purporting to recognise Kargi/South Horr ward as community land was unconstitutional, and orders of certiorari and mandamus. The interested parties objected that the petition was barred by ripeness and constitutional avoidance and offended the rule of reasonable precision in Anarita Karimi Njeru. The court framed two issues. On precision, it held the petition complied, as it identified Articles 47 and 63, supplied particulars of breach and named those culpable, drawing on Mumo Matemu and Communications Commission of Kenya. On ripeness, the court found the impugned gazette notices, published under section 8(1) of the Community Land Act, were merely a precursor to survey, demarcation, adjudication and registration under sections 8(2), 8(4) and 8(5), and did not gazette ward administrative units as registration units. The petitioners had misread the notices and mounted the petition prematurely, before the statutory adjudication process had run; complaints such as lack of public participation fell to be addressed within that process. The preliminary objection was allowed, the amended petition struck out as premature and still born, and costs awarded to the interested parties only, to be agreed or taxed.

Key legal issues

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01

Whether the amended petition complies with the rule of reasonable precision (Anarita Karimi Njeru)

Holding

The amended petition complies with the rule of reasonable precision; it identifies the constitutional provisions, the breaches and the persons chargeable with the breach.

Reasoning

The court restated the Anarita Karimi Njeru rule as applied in Mumo Matemu and Communications Commission of Kenya, requiring a causal link between the constitutional provisions, the rights breached and the persons culpable. On perusal, the petition identified Articles 47 and 63, supplied particulars in paragraphs 30, 31, 36, 37, 38 and 41, and detailed endeavours to seek audience with the respondents. Proviability of the averments was a separate question.

p. 7
02

Whether the petition is barred by the doctrines of ripeness and constitutional avoidance

Holding

The petition is premature, misconceived and prohibited by the doctrines of ripeness, justiciability and constitutional avoidance because the statutory process under sections 8(2), 8(4) and 8(5) of the Community Land Act had not been activated or completed.

Reasoning

The impugned gazette notices were published under section 8(1) of the Community Land Act as a programme for survey, demarcation, adjudication and registration. They did not gazette Kargi/South Horr wards as registration units; the petitioners misread their import. Complaints such as lack of public participation and failure to recognise the community's interests must be addressed within the statutory adjudication process, so the petition was premature.

p. 8

Legal principles established

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  • A constitutional petitioner must identify the constitutional provisions infringed, supply particulars of the breach, and demonstrate the persons culpable for the breach.
  • A court should not determine a constitutional issue where the matter may properly be decided on another basis (constitutional avoidance).
  • Ripeness prohibits the lodgment of a matter before the court prior to the completion of the applicable statutory process.
  • A gazette notice publishing an adjudication programme under section 8(1) of the Community Land Act is a precursor to survey, demarcation, adjudication and registration, and does not itself register community land on the basis of ward administrative units.

Court orders

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  1. 1.The Preliminary Objection dated 22nd July 2025 be and is hereby allowed.
  2. 2.The Amended Petition dated 5th June 2025 be and is hereby struck out.
  3. 3.The cost of the preliminary objection; and cost of the petition be and are hereby awarded to the interested parties only.
  4. 4.The costs in terms of clause (iii) shall be agreed upon; and in default same shall be taxed in the conventional manner.

Authorities

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Legislation

  • Constitution of Kenya, 2010Articles 10(1)(c), 10(2)(a)-(d), 22(1), 36(1)-(3), 40(3), 47, 56, 61, 63, 159
  • Community Land Act, 2016Sections 8(1), 8(2), 8(4), 8(5), 12
  • Civil Procedure Act (Cap 21)Sections 1A, 1B
  • Appellate Jurisdiction Act (Cap 9)Sections 3A, 3B

Cases cited (15)

  • Annarita Karimi Njeru vs Republic
    (1979) eKLR / (1979) KLR 154
  • Brookside Dairy Limited vs Mohammed and Another
    (2022) KEHC 13627
  • Bamaftah & Another vs The Cabinet Secretary Ministry of Lands, Public Works, Housing, and Urban Development & 7 others
    (2023) KEELC 21412
  • Anytime Limited vs Hussein & 2 others; Kenya Revenue Authority [Interested Party]
    [2025] KEHC
  • Gikenye B & 7 others vs Gachanja & 8 others; Ethics and Anticorruption Commission & 3 others
    (2024) KEELC
  • Katiba Institute vs President's Delivery Unit & 3 others
    (2017) KEHC
  • Omwoyo vs Attorney General & 4 others
    (2024) KEHC
  • Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others
    [2013] KECA 445 (KLR)
  • Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others (Petition 14, 14A, 14B & 14C of 2014 (Consolidated))
    [2014] KESC 53 (KLR)
  • County Government of Bungoma & 2 others v JOO & 2 others
    (Civil Appeal 61 of 2018) [2024] KECA 1377 (KLR)
  • S v. Mhlungu
    1995 (3) SA 867 (CC)
  • Ashwander v. Tennessee Valley Authority
    297 U.S. 288, 347 (1936)
  • Faraj & 3 others v Police & 2 others
    [2022] KEHC 287 (KLR)
  • Wanjiru Gikonyo & 2 others v National Assembly of Kenya & 4 others
    [2016] KEHC 5536 (KLR)
  • Thorp v Holdsworth
    (1876) 3 Ch. D. 637
Jurisdiction invoked
Original constitutional petition jurisdiction under Article 22 and 23 of the Constitution of Kenya 2010 (invoked by the petition); no specific provision stated in the judgment

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, "Lelrgatab & 7 others v Community Land Registrar Isiolo/Marsabit & 2 others; Lentilalu & 6 others (Interested Parties) (Environment and Land Petition E005 of 2024) [2025] KEELC 7435 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7435/eng@2025-10-09

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