Golden Fields Association (Through Its Members Agnes Nyamu, Mwangi Njehia, Stephen Mwangi, John Muiruri & 41 others) v Kajiado County Government & 5 others (Environment and Land Constitutional Petition E001 of 2024) [2026] KEELC 1344 (KLR)
The bottom line
#A Kajiado court ruled that a land dispute involving carbon credits, conservation restrictions and county planning powers is so important it must be heard by a larger panel of judges.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petition raises a substantial question of law under Article 165(4)
The Petition is certified as raising substantial questions of law.
Applying the Chunilal Mehta definition and the four-pronged Omtatah test, the Court found uncertainty in the law on whether administrative sterilization of freehold land use for carbon-credit and conservation purposes constitutes a compensable 'taking' under Article 40. The question transcends the parties, affecting all 47 county governments, and all parties, including the County Government and Attorney General, conceded substantiality.
The jurisdictional hook for certification
The Petition falls within Article 165(3)(b) and (d).
The Petition alleges violations of rights under Articles 27, 31, 39 and 40, engaging clause (b), and questions whether Sections 52 and 56 of PLUPA are inconsistent with the Constitution and the constitutional relationship between State organs and county governments, engaging clause (d). Certification under Article 165(4) requires the matter to fall within these hooks.
Legal principles established
#- A matter is certified under Article 165(4) where the substantial question of law affects the parties, transcends the particular case, bears on the public interest, reflects uncertainty in the law, and falls within Article 165(3)(b) or (d).
- Novelty or complexity alone does not make a question substantial; there must be something more, such as facts not plainly covered by controlling precedents.
Court orders
#- 1.The Notice of Motion dated 30th September 2025 is allowed
- 2.ELC Petition No. E001 of 2024 is certified as raising substantial questions of law under Article 165(3)(b) and (d) of the Constitution
- 3.The file ELC Petition No. E001 of 2024 is referred to the Chief Justice for empanelment of a bench of an uneven number of judges, being not less than three (3), to hear and determine the Petition
- 4.The Deputy Registrar is directed to transmit the file to the Chief Justice forthwith
- 5.Costs shall be in the cause
- Jurisdiction invoked
- Article 165(4) of the Constitution of Kenya, read with Article 165(3)(b) and (d)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Golden Fields Association (Through Its Members Agnes Nyamu, Mwangi Njehia, Stephen Mwangi, John Muiruri & 41 others) v Kajiado County Government & 5 others (Environment and Land Constitutional Petition E001 of 2024) [2026] KEELC 1344 (KLR)", Case Analysis (2026). ELC Petition No. E001 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1344/eng@2026-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.