Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition dated 22nd January, 2025 (Constitutional Petition, Kericho)

Mutai & 4 others (Representing 31 families /squatters at the Riparian Section in Majengo/Talai Settlement Scheme) v Kericho County Government & 4 others (Environment and Land Constitutional Petition E001 of 2025) [2025] KEELC 8641 (KLR)

Environment and Land Court of Kenya
11 December 2025
5,431 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Kericho dismissed squatters' bid to temporarily block title deed issuance, confirming they can sue but ruling their interim orders would bypass a full hearing.

What this practically means

#

Executive summary

#
This is a ruling by L. A. Omollo, Judge, on the Petitioners/Applicants' Notice of Motion dated 22nd January, 2025, brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 8 Rule 3 and Order 51 of the Civil Procedure Rules within a constitutional petition concerning the Multi-Agency Task Force report on the identification and settlement of the Chelimo Settlement Scheme and the Majengo/Talai squatters. The Applicants sought a preservatory order restraining issuance of title deeds on the Task Force lists, deposit of the primary data in court, a stay of the Task Force report, appointment and gazettement of an independent auditor, gazettement of the audited list, and quashing of the Respondents' approvals and validations. The 1st, 3rd and 4th Respondents opposed through Grounds of Opposition, contesting locus standi, pleading specificity, exhaustion of remedies, jurisdiction to order an audit, and the availability of certiorari. The court framed three issues: standing, merit of the application, and costs. Relying on Articles 22(1) and (2) and the Sangahani decision, the court held that the Applicants had locus standi as squatters and persons acting on behalf of a group or class. On merit, the court found that the prayers in the application replicated the substantive prayers in the Petition, so granting them would amount to determining the Petition at the interlocutory stage; all contested issues, including pleading specificity and the doctrine of exhaustion, were reserved for the full hearing. The application was dismissed with costs to the Respondents, costs following the event under Section 27 of the Civil Procedure Act.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Petitioners/Applicants have locus standi to commence the present proceedings
  2. 2.Whether the Petitioners/Applicants application dated 22nd January, 2025 has merit
  3. 3.Who should bear costs of the application

Key legal issues

#
01

Locus standi of the Petitioners/Applicants to institute the proceedings

Holding

The Petitioners/Applicants have locus standi. Article 22 of the Constitution permits proceedings in one's own interest, on behalf of others, in the interest of a group or class, or in the public interest, and the Applicants sued as squatters, residents and officials/allottees alleging threatened violations

Reasoning

The 3rd and 4th Respondents argued that the Applicants failed to produce a registration certificate for KECOSO or a written authorizing resolution. The court relied on the constitutional standing framework in Article 22(1) and (2) and the decision in Sangahani, holding that any person seeking enforcement of Bill of Rights and environmental rights may petition on their own behalf and for the public, and found standing established.

p. 10
02

Whether the interlocutory application dated 22nd January, 2025 has merit

Holding

It lacks merit because its prayers are a replica of the substantive prayers in the Petition and granting them would pre-empt the full hearing

Reasoning

The court compared each prayer of the application with the corresponding prayer in the Petition and found them identical, with the only difference being that the application sought them pending the Petition's hearing. Issues such as deposit of primary data, appointment of an independent auditor, pleading specificity and the doctrine of exhaustion were all reserved for the hearing of the Petition.

p. 12
03

Costs of the application

Holding

Costs awarded to the Respondents, costs following the event under Section 27 of the Civil Procedure Act

Reasoning

The court applied the settled principle that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. Having dismissed the application, the Respondents as the successful parties were awarded costs.

p. 13

Legal principles established

#
  • Under the liberalized standing regime of Articles 22 and 70 of the Constitution, any person seeking enforcement of Bill of Rights or environmental rights may file petitions on their own behalf or on behalf of the general public; a person suing as a squatter/resident claiming threatened constitutional violations has locus standi
  • An interlocutory application whose prayers replicate the substantive prayers of the Petition cannot be granted, as doing so would determine the Petition at the interlocutory stage
  • Costs follow the event under Section 27 of the Civil Procedure Act and a successful party should ordinarily be awarded costs

Court orders

#
  1. 1.The Notice of Motion application dated 22nd January, 2025 is dismissed
  2. 2.Costs of the application awarded to the Respondents

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22(1) & (2) and 70 of the Constitution of Kenya (enforcement of Bill of Rights), with application under Sections 1A, 1B & 3A of the Civil Procedure Act and Order 8 Rule 3 & 51 of the Civil Procedure Rules

Relief refused

#

Temporary preservatory order restraining the Respondents from implementing, processing or issuing title deeds using the Multi-Agency Task Force lists

The prayers in the application are a replica of the substantive prayers in the Petition and granting them would amount to determining the Petition at the interlocutory stage

p. 12

Deposit in Court of the primary data (soft and hard copies) prepared by the Multi-Agency Task Force

Deferred to the hearing and determination of the Petition

p. 12

Stay of implementation of the Multi-Agency Task Force Report dated 30/08/2024

Substantive prayer in the Petition, not grantable on an interlocutory application

p. 12

Appointment and gazettement of an independent firm of Registered Auditors to audit and verify the lists, and gazettement/publication of the final audited list

Substantive prayer to be addressed at the hearing of the Petition

p. 12

Quashing of all approvals and validations by the Respondents of the lists, reports and minutes of the Multi-Agency Task Force

Substantive prayer in the Petition, not granted at interlocutory stage

p. 12

Costs of the application borne by the Respondents

Application dismissed; costs follow the event

p. 13

Costs

The application dated 22nd January, 2025 is dismissed with costs to the Respondents.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Taking the foregoing into consideration, I find that that the Petitioners/Applicants application dated 22nd January, 2025 lacks merit and it is hereby dismissed with costs.
p. 13Disposition - dismissal of the interlocutory application
It is now settled that costs shall follow the event. This is in accordance with the provisions of Section 27 of the Civil Procedure Act (Cap. 21 Laws of Kenya).
p. 13Costs principle
Essentially the prayers in the application are substantive prayers in the Petition and granting them is akin to determining the Petition at the interlocutory stage.
p. 12Principle against granting substantive relief at interlocutory stage
That being the case, my view is that, the Petitioners/Applicants have locus standi to institute these proceedings.
p. 10Standing of squatters to bring constitutional petition

Issues in the judgment

#
minor

The judgment identifies the Chief Magistrate (E) ELC/003/2025 only by case number 'ELC/003/2025' without further coram detail beyond the judge; the neutral citation is not given in the document

minor

The court found the Applicants have locus standi yet nonetheless dismissed the application without addressing the respondents' standing-based Grounds of Opposition disposal, reserving substantive issues to the Petition

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mutai & 4 others (Representing 31 families /squatters at the Riparian Section in Majengo/Talai Settlement Scheme) v Kericho County Government & 4 others (Environment and Land Constitutional Petition E001 of 2025) [2025] KEELC 8641 (KLR)", Case Analysis (2025). Petition dated 22nd January, 2025 (Constitutional Petition, Kericho). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8641/eng@2025-12-11

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