Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties) (Environment and Land Petition E020 of 2024) [2025] KEELC 7673 (KLR)
The bottom line
#Kenya's High Court in Mombasa refused to assign a larger judge bench to a constitutional challenge against noise regulations, meaning one judge will decide the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition should be certified as raising a substantial question of law under Article 165(4) of the Constitution
Certification was declined; the question of balancing freedom of worship against noise control and environmental rights is not a substantial or novel question requiring a bench
The court applied authority establishing that something more than novelty or complexity is required for certification, and that judicial resources are scarce such that benches should only be empaneled where strictly necessary. Any decision of a single judge remains appealable to the Court of Appeal sitting as a bench. The petitioners' right to worship was not doubted; only its balancing with others' rights arose, which a single judge can decide.
Legal principles established
#- Empanelling a bench under Article 165(4) is reserved for matters raising substantial or novel questions of law that a single judge cannot competently decide; single judges may determine constitutional petitions within the High Court's jurisdiction, with appeals lying to the Court of Appeal.
Court orders
#- 1.Prayer No. (g) of the motion dated 10.09.2024 and amended on 18.02.2025 is declined
- 2.The petition shall be mentioned on 18.02.2026 for directions on the hearing thereof
- 3.The petitioners shall serve the interested parties who are absent and file an affidavit of service
- 4.Costs in the cause
- Jurisdiction invoked
- Article 165(3) and (4) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Officials and Trustees of Jesus Celebration Centre v National Environment Management Authority & 2 others; Darajani Hotel Limited & 3 others (Interested Parties) (Environment and Land Petition E020 of 2024) [2025] KEELC 7673 (KLR)", Case Analysis (2025). Petition dated 10.09.2024 (as amended on 18.02.2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7673/eng@2025-11-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.