Njira & 7 others v National Irrigation Authority & 3 others (Environment and Land Petition E001 of 2026) [2026] KEELC 1396 (KLR)
The bottom line
#Kenya's Environment and Land Court froze all dealings over a Mwea rice holding pending trial, finding the farmers' fair-hearing challenge arguable.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction and the doctrine of exhaustion under Sections 25 and 26 of the Irrigation Act
The 4th Respondent's exhaustion objection failed on the material before the court because the record did not disclose any referral of the dispute by the Wang'uru court to the Scheme Manager; the annexed ruling struck out the earlier suit without a referral order.
The court examined the annexed ruling in Wang'uru CM ELCC No. E087 of 2024, which struck out the 4th Respondent's suit after upholding a preliminary objection. It found no order in that ruling referring the dispute to the Scheme Manager; the order relied upon by the 4th Respondent bore a different cause description and was not traceable to the annexed suit. The doctrine of exhaustion under Section 9 of the Fair Administrative Action Act therefore did not defeat the petition on these facts.
Threshold for conservatory orders in a constitutional petition
Conservatory relief was warranted to preserve the status quo and restrain further dealings with the rice holding, since the petition raised arguable constitutional questions and further dealings could render it nugatory.
The court held that the power to grant conservatory orders is expressly constitutional (Article 23(3)) and provided for by Rule 23(1) of the Mutunga Rules. The petitioners annexed a 2009 succession judgment and a 2025 striking-out ruling in their favour, predating the arbitration of 9th October 2025, raising an arguable question whether the administrative action complied with Article 47 and Section 4(3) of the Fair Administrative Action Act. Preservation coupled with expeditious hearing served the interests of justice.
Whether the impugned arbitration decision, made allegedly without notice and hearing, violated fair administrative action
An arguable question was established that the arbitration conducted in the petitioners' absence and in disregard of subsisting court judgments contravened Article 47 and Section 4(3) of the Fair Administrative Action Act, justifying preservation orders pending full hearing.
The petition alleged the arbitration proceeded without notice, without participation, and despite a protest letter, resulting in revocation of their tenancy. The 4th Respondent did not dispute the existence of the prior court decisions in the petitioners' favour. The court found the decision had already been implemented and records altered, but concluded that only preservation, not restoration, was appropriate at the interlocutory stage.
Legal principles established
#- A court that upholds a preliminary objection and strikes out a suit disposes of the matter before it, and no referral order can be inferred from such a ruling
- Conservatory orders in constitutional petitions are grounded in Article 23(3) of the Constitution and Rule 23(1) of the Mutunga Rules
- A conservatory order preserves the substratum of the petition and is not intended to grant final relief
Court orders
#- 1.Pending the hearing and determination of the petition, the parties do maintain and preserve the current status quo by ensuring no further dealing is undertaken that affects or is likely to affect the legal status of the suit property
- 2.The hearing of the petition to be expedited
- 3.The costs in the application to abide the outcome of the petition
- Jurisdiction invoked
- Articles 22, 23(3) and 47 of the Constitution of Kenya (constitutional petition seeking conservatory relief for violation of rights to fair administrative action)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njira & 7 others v National Irrigation Authority & 3 others (Environment and Land Petition E001 of 2026) [2026] KEELC 1396 (KLR)", Case Analysis (2026). Not stated in the judgment (a Petition with Notice of Motion dated 28th January 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1396/eng@2026-03-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.