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ELCStruck Out· [2025] KEELC 8623 (KLR)

Kinanta & 2 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 7 others (Environment and Land Petition E003 of 2024) [2025] KEELC 8623 (KLR)

Environment and Land Court
8 December 2025
1,755 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out an access-to-information application because the applicants targeted an office that doesn't exist and skipped the required complaint process first.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kilgoris (M. N. Mwanyale, J) dealt with a Notice of Motion dated 8th July 2025 in a petition concerning the Kimintent Adjudication Section. Prayers 1, 2 and 5 (joinder of the Chief Land Adjudication and Settlement Officer as 9th Respondent) had already been allowed, leaving prayers 3 and 4: an order compelling the 9th Respondent to furnish a certified copy of the Kimintent Adjudication section report and register for sections E and F, and an order that he be held in contempt in default. The Applicants invoked Article 35 of the Constitution and section 4 of the Access to Information Act, relying on the Nairobi Law Monthly and Mbogho decisions. The 8th Respondent, through the affidavit of Mr. Justus Levu, opposed, deposing that the office of Chief Land Adjudication and Settlement Officer does not exist and that the adjudication registers had been completed, forwarded to the Director of Land Adjudication and Settlement, with certificates of finality issued and titles processed. The court framed three issues and held that the 9th Respondent was a non-existent office, wrongly joined, and struck it out. On the merits, applying the Supreme Court's decision in Alouchier vs Senate and the Njonjo Mue case, the court held that access-to-information requests must be made to the custodian and that internal remedies under section 14 of the Access to Information Act must be exhausted before approaching the court; the Applicants had done neither. The application was struck out with costs in the cause.

Key legal issues

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01

Whether the Chief Land Adjudication and Settlement Officer was properly joined as 9th Respondent

Holding

The office does not exist; the officer was wrongly joined and struck out of the proceedings

Reasoning

The 8th Respondent deponed that the office of Chief Land Adjudication and Settlement Officer does not legally exist and that the adjudication registers had been forwarded to the Director of Land Adjudication and Settlement and onward to the Chief Land Registrar and Director of Survey. Orders against the 9th Respondent would therefore be futile, and the correct custodian was the Director of Land Adjudication and Settlement.

p. 4
02

Whether the application for access to information was merited

Holding

Not merited; the applicants bypassed the custodian and failed to exhaust the internal remedies under section 14 of the Access to Information Act before coming to court

Reasoning

Relying on the Supreme Court decision in Alouchier vs Senate, information must flow from the custodian through the prescribed procedure, and citizens have a duty to follow that procedure. The applicants only wrote to a non-existent office and did not lodge a review with the Commission on Administration of Justice within 30 days, nor an appeal to the High Court, as required by section 14 of the Access to Information Act.

p. 4

Legal principles established

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  • An application for access to information must first be made to the custodian of the information, and where rejected, the internal review mechanism under section 14 of the Access to Information Act must be exhausted before resort to court

Court orders

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  1. 1.The 9th Respondent is struck out of the proceedings
  2. 2.The application is struck out with costs in the cause

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 35(1)(a)
  • Constitution of Kenya, 2010Articles 35, 47, 50
  • Access to Information Actsections 3, 4, 14
  • Land Adjudication Actsection 25(1)

Cases cited (5)

  • Nairobi Law Monthly versus Kenya Electricity Co. Ltd and 2 Others
  • Mbogho and 8 others vs. Director Lands Adjudication and Settlement and 4 Others
  • Alouchier vs. Senate and 2 Others
    Petition E014 of 2025 KESC 59 KCR
  • Njonjo Mue and Another vs. Chairperson of IEBC
  • Kenya Railways Corporation and 2 Others vs. Okoiti Omtatah
Jurisdiction invoked
Not expressly stated; petition invoking Articles 35, 47 and 50 of the Constitution

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, "Kinanta & 2 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 7 others (Environment and Land Petition E003 of 2024) [2025] KEELC 8623 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8623/eng@2025-12-08

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