Gitu v Kamanda & 3 others; Attorney General & another (Interested Parties) (Environment and Land Case 1484 of 2016) [2025] KEELC 7897 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled it can hear land ownership and trespass claims against CDF officials, dismissing their attempt to block the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over a land trespass and ownership dispute notwithstanding Sections 56(1), (3) and (5) of the NG-CDF Act
The objection is unmerited; the ELC is clothed with jurisdiction because the dispute concerns ownership of land and trespass, matters outside the Board's statutory functions, and the personal-liability protection covers only lawful acts.
The court examined Section 13 of the ELC Act and Section 16 of the NG-CDF Act, noting the Board's functions do not include resolving ownership and title to land. The fulcrum of the suit is ownership and trespass, an unlawful act, so the Section 56(5) protection for lawful official actions does not apply and the Board-first mechanism under Section 56(3) is not attracted.
Whether the objection is a true preliminary objection on a point of law
Applying Oraro v Mbaja, an assertion bearing factual aspects calling for proof is not a true preliminary objection; the 1st Defendant's claim that he left the CDF committee lacked evidential support.
The court adopted Oraro v Mbaja's formulation and observed that apart from the preliminary objection, the 1st Defendant provided no evidence that he was no longer part of the Starehe CDF Committee, rendering the objection blurred with factual detail.
Legal principles established
#- A preliminary objection must be a pure point of law and cannot rest on contested factual details.
- The NG-CDF Board's dispute-resolution mechanism under Section 56(3) does not oust the ELC's jurisdiction over disputes concerning ownership and title to land.
- A person managing the Fund may be held personally liable for unlawful acts such as trespass to land committed in his official capacity.
Court orders
#- 1.The Notice of Preliminary Objection dated 5th January 2024 is dismissed
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gitu v Kamanda & 3 others; Attorney General & another (Interested Parties) (Environment and Land Case 1484 of 2016) [2025] KEELC 7897 (KLR)", Case Analysis (2025). Environment and Land Petition E012 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7897/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.