Kirimojo (Suing as the legal representative of the Estate of Peter Danastan Kirimojo - Deceased who inherited the same fron Andrea Kirimojo Wakimoko - Deceased) v County Government of Bungoma & 4 others; National Land Commission (Interested Party) (Environment and Land Petition E004 of 2024) [2025] KEELC 8290 (KLR)
The bottom line
#The Environment and Land Court struck out a landowner's constitutional petition because he should have first taken his compulsory acquisition complaint to the Land Acquisition Tribunal.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction and exhaustion of remedies
The petition was premature and struck out because the Petitioner should first have pursued the Land Acquisition Tribunal under Section 133C of the Land Act
The court found the complaint is a 'matter relating to' compulsory acquisition, within the Tribunal's jurisdiction under Section 133C(6) and (8), which expressly covers complaints arising under Articles 23(2) and 47(3). There was no evidence the Petitioner had made a complaint to the Tribunal. Citing Muthinja Kabiru, courts are fora of last resort and alternative dispute mechanisms must be exhausted first. Invoking constitutional jurisdiction where a statute provides an appropriate mechanism is improper, engaging constitutional avoidance.
Alleged violation of Articles 40, 259 and Section 75 of the repealed Constitution
Not determined on the merits; the petition was disposed of on jurisdiction
The court did not reach the merits of the alleged violations, holding the matter should have gone to the Tribunal first. The claim of acquisition without consent or compensation in 1958, and the refusal to approve the mutation, were left unadjudicated.
Legal principles established
#- Where a statute provides an appropriate dispute resolution mechanism, a litigant must exhaust it before invoking the court's jurisdiction on alleged constitutional violations (doctrine of exhaustion and constitutional avoidance)
- The Land Acquisition Tribunal's jurisdiction under Sections 133C(6) and (8) of the Land Act extends to any matter connected to the process of compulsory acquisition, including constitutional complaints under Articles 23(2) and 47(3)
Court orders
#- 1.The petition is struck out with costs to the 2nd, 3rd and 4th Respondents
- Jurisdiction invoked
- Articles 22 and 23 of the Constitution of Kenya, 2010 (as invoked by the Petitioner); the court's jurisdiction considered against Section 133C of the Land Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kirimojo (Suing as the legal representative of the Estate of Peter Danastan Kirimojo - Deceased who inherited the same fron Andrea Kirimojo Wakimoko - Deceased) v County Government of Bungoma & 4 others; National Land Commission (Interested Party) (Environment and Land Petition E004 of 2024) [2025] KEELC 8290 (KLR)", Case Analysis (2025). Petition dated 26/07/2024 (ELC Petition, Bungoma). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8290/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.