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ELCDismissedPetition (application dated 5th August 2025) - number not stated in judgment· [2026] KEELC 74 (KLR)

Universal Resources International Limited v Director of Mines & 6 others (Environment and Land Petition E009 of 2025) (Environment and Land) [2026] KEELC 74 (KLR)

Environment and Land Court
14 January 2026
4,730 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court dismissed a mining company's bid to stop rival prospecting because its licence expired in 2012 and was never renewed.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court (E. K. Wabwoto, J) determined the petitioner's application dated 5th August 2025 in an ongoing petition concerning mineral rights in Taita Taveta. The petitioner sought conservatory orders restraining the 2nd and 3rd Respondents from considering a prospecting permit and a mineral discovery application, restraining the 5th, 6th and 7th Respondents from mineral exploration activities, and an order staying the 2nd Respondent's decision of 20th September 2024 recommending rejection of the renewal of Prospecting Licence PL/2018/0195. The respondents opposed. The 5th Respondent raised preliminary issues on the petitioner's capacity to sue and the admissibility of a further affidavit. The court framed three issues: legal capacity, the striking out of the further affidavit, and entitlement to conservatory orders. On capacity, following Leo Investments, Republic v Registrar General and Spire Bank, the court held that absence of a board resolution was not fatal and the objection failed. The further affidavit sworn 20th October 2025 was struck out as incurably defective for breaching the Oaths and Statutory Declarations Act, a defect not curable by Article 159. On the main issue, applying the conservatory-order principles from Gatirau Peter Munya and related authorities, the court found the petitioner's exclusive prospecting licence had expired on 7th December 2012, had never been renewed, and could not confer enforceable rights; the petitioner had also breached licence terms by prospecting for unlicensed minerals. With no prima facie case, the remaining principles need not be addressed. The application dated 5th August 2025 was dismissed with costs.

Key legal issues

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01

Whether the Petitioner has legal capacity to institute the Petition absent a filed board resolution

Holding

The objection fails; it is sufficient for the deponent to depose to authority, and the burden shifts to the disputing party to prove lack of authority, which was not done.

Reasoning

The court followed Leo Investments Ltd v Trident Insurance and Republic v Registrar General, and the Court of Appeal's decision in Spire Bank, holding that Order 4 rule 1(4) was not intended to be used as a procedural technicality to strike out suits. It was not disputed that Mark Lloyd Stephenson is a director, and the petition is yet to be set down for hearing, so the objection could not succeed.

02

Whether the further affidavit sworn 20th October 2025 should be struck out

Holding

Struck out as incurably defective for non-compliance with the Oaths and Statutory Declarations Act.

Reasoning

The affidavit did not indicate the place where it was taken or before whom, and did not show attestation by a Notary Public. The court held these defects touch a point of law, are not mere technicalities, and cannot be cured by Article 159 of the Constitution, so the affidavit was inadmissible and was expunged.

p. 7
03

Whether the Petitioner established a case for conservatory orders

Holding

No. The exclusive prospecting licence EPL/843 (PL/2018/0195) was issued 8th December 2011 for one year, expired 7th December 2012, was never renewed, and conferred no enforceable rights; additionally the Petitioner breached licence terms by prospecting for minerals outside those licensed.

Reasoning

Applying the principles in Gatirau Peter Munya and related authorities, the court examined the documents and found the licence had lapsed long before the Mining Act 2016 came into force. The Petitioner also surveyed for manganese, iron ore and copper contrary to section 20 of the repealed Cap 306. Without a valid licence there was no substratum to preserve, so no prima facie case existed and the application was dismissed.

p. 4

Legal principles established

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  • A board resolution authorizing institution of a suit by a company may be filed at any time before the suit is fixed for hearing; its absence is not fatal to the suit, and a disputing party must demonstrate lack of authority with evidence.
  • An affidavit sworn outside Kenya that does not indicate the place it was taken or before whom it was taken, or proof of attestation by a Notary Public, breaches the Oaths and Statutory Declarations Act and is incurably defective; the defect cannot be cured by Article 159 of the Constitution.
  • Conservatory orders preserve the status quo and the substratum of a petition, and require demonstration of a prima facie case with a likelihood of success, prejudice in their absence, enhancement of constitutional values, and public interest considerations.

Court orders

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  1. 1.The further affidavit sworn by Mark Lloyd Stephenson on 20th October 2025 is struck out as incurably defective.
  2. 2.The application dated 5th August 2025 is dismissed with costs.
Jurisdiction invoked
Constitution of Kenya, 2010 - Articles 2, 3, 10, 20, 21, 22, 23, 27, 40, 47, 73(2) and 260 invoked in the petition

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, "Universal Resources International Limited v Director of Mines & 6 others (Environment and Land Petition E009 of 2025)  (Environment and Land) [2026] KEELC 74 (KLR)", Case Analysis (2026). Petition (application dated 5th August 2025) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/74/eng@2026-01-14

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