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ELCDismissedNot stated in the judgment

Oakdale Commodities Limited v Ivory Concepts Limited & 3 others (Environment and Land Case E219 of 2025) [2026] KEELC 1339 (KLR)

Environment and Land Court
6 February 2026
1,921 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court ruled it can hear a land and environmental dispute directly, even where planning and environmental appeal processes exist.

What this practically means

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Executive summary

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The Environment and Land Court at Nairobi (Mohammed N. Kullow, J) delivered a ruling on two preliminary objections challenging the court's jurisdiction over the Plaintiff's suit and a contempt application dated 19th August 2025. The 4th Defendant objected that the court lacked original and appellate jurisdiction, contending that the suit offended Sections 72(1)-(4) and 80(3) of the Physical and Land Use Planning Act, Cap 303. The 2nd and 3rd Defendants argued that the dispute over development approvals and environmental licences fell within statutory mechanisms - the National Environment Tribunal and the County Physical and Land Use Planning Liaison Committee - which the Plaintiff had bypassed, contrary to the doctrine of exhaustion. The Plaintiff countered that the objections were premature, requiring interrogation of contested facts, and that the court had original jurisdiction under Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, with exceptional circumstances justifying exemption from exhaustion. The court framed a single issue: whether the preliminary objections were merited. It held that exhaustion is not applied in abstraction, that the multifaceted claim implicating multiple regulatory actors fell within the court's constitutional mandate, and that Section 9(4) of the Fair Administrative Action Act permits exemption from internal remedies where justice requires. Applying the Mukisa Biscuit standard, the court found the objections did not raise points of law conclusively disposing of the suit in limine and dismissed both objections, with costs in the cause. The suit was directed to proceed to hearing on the merits.

Questions the Court framed

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

  1. 1.Whether the Preliminary Objections dated 1st July 2025 and 28th August 2025 are merited

Key legal issues

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01

Whether the doctrine of exhaustion under the Physical and Land Use Planning Act and EMCA barred the ELC's jurisdiction over the Plaintiff's suit

Holding

The objections were not merited; the ELC retains original jurisdiction over the multifaceted land use and environmental claims, and the statutory mechanisms are not an automatic bar.

Reasoning

The court held that exhaustion is not applied in abstraction but in light of the dispute's nature, the relief sought, and the court's constitutional jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act. The Plaintiff's claim concerned lawfulness of land use, the character of the proposed development, and infringement of the right to a clean and healthy environment, attributed to multiple actors, transcending a technical planning dispute. Section 9(4) of the Fair Administrative Action Act permits exemption from internal remedies, and a single statutory process could not conclusively resolve the issues without fragmenting the dispute.

p. 4
02

Whether the preliminary objections raised pure points of law capable of disposing of the suit at the threshold

Holding

They did not; the objections failed the Mukisa Biscuit standard because they could not conclusively dispose of the suit in limine.

Reasoning

The Plaintiff argued, and the court accepted, that determination of the objections would require interrogation of contested factual matters such as ownership of the suit property, the character of the proposed development, and whether approvals were lawfully issued, since no defences had been filed. The court held the objections, while raising legal questions on jurisdiction and exhaustion, did not operate as an absolute bar in the circumstances of the case and thus failed the Mukisa Biscuit standard.

p. 4

Legal principles established

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  • The doctrine of exhaustion must be applied in light of the nature of the dispute, the relief sought and the jurisdiction conferred on the court, and the existence of statutory mechanisms does not automatically bar the exercise of the ELC's original jurisdiction.
  • Section 9(4) of the Fair Administrative Action Act empowers the court to exempt a party from exhausting internal remedies where the interests of justice require.
  • A preliminary objection must, if upheld, dispose of the suit in limine (Mukisa Biscuit standard).

Court orders

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  1. 1.The Preliminary Objections dated 1st July 2025 and 28th August 2025 are dismissed
  2. 2.Costs of the Preliminary Objections shall be in the cause
  3. 3.The suit shall proceed to hearing on the merits

The bench

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

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

Quotable passages

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

the doctrine of exhaustion is not applied in abstraction. It must be applied in light of the nature of the dispute presented to the Court, the relief sought, and the jurisdiction conferred upon the Court by the Constitution and statute.
p. 4Doctrine of exhaustion - contextual application
the existence of those mechanisms does not, of itself, operate as an automatic bar to the exercise of this Court’s original jurisdiction.
p. 4ELC original jurisdiction vs statutory tribunals
Section 9(4) of the Fair Administrative Action Act expressly empowers the Court to exempt a party from the obligation to exhaust internal remedies where the interests of justice so require.
p. 4Exemption from exhaustion of internal remedies
In the result, the Court finds that the Preliminary Objections dated 1st July 2025 and 28th August 2025 are not merited and are hereby dismissed. Costs of the Preliminary Objections shall be in the cause, and the suit shall proceed to hearing on the merits.
p. 5Final orders - dismissal of preliminary objections

Issues in the judgment

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minor

The ruling does not disclose the case number, the parties' names, or the Plaintiff's substantive reliefs; only the 2nd, 3rd and 4th Defendants appear in the submissions, with no indication of the 1st Defendant's position.

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, "Oakdale Commodities Limited v Ivory Concepts Limited & 3 others (Environment and Land Case E219 of 2025) [2026] KEELC 1339 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1339/eng@2026-02-06

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