Murang’a County Initiative (MCI) Company Limited v Del Monte Limited & another (Environment and Land Constitutional Petition E003 of 2025) [2026] KEELC 1409 (KLR)
The bottom line
#The Environment and Land Court in Murang'a dismissed a bid to protect land claimed for public use because the petitioner could not prove such public amenities existed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petitioner met the test for conservatory orders
The test was not met; no prima facie case, no proof of violation of constitutional values, and public interest was not demonstrated
The Petitioner did not attach the lease containing conditions requiring provision of land for public use. It filed no supplementary material to counter the 1st Respondent's sworn deposition that there are no public amenities on the suit land and that Ndula Primary and Secondary Schools are in Kiambu County. Failure to prove Pioneer Girls School is public, when there is sworn evidence it is the only school on the suit land, compounded the failure. The court applied the Munya vs Kithinji test and dismissed the motion.
Whether the suit land is public land under Article 62 of the Constitution
No evidence that the suit land is public land; the Petitioner was directed to file evidence to prove the existence of public institutions on the land
The court found no evidence on record that public institutions exist on the suit land. The registration of the leasehold was complete in 2022, so the Petitioner needed to prove ongoing registration of some or part of the suit land, which was absent. With no proof of public utilities on the land, there could equally be no proof of threatened interference with them.
Legal principles established
#- To obtain conservatory orders a petitioner must establish an arguable case with inherent merit, public interest and proof of violation of constitutional values
- The burden lies on the petitioner to prove a prima facie case, and failure to respond to a respondent's unchallenged deposition on oath means the prima facie case is not made out
Court orders
#- 1.The motion dated 30-6-2025 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Articles 19, 20, 21, 22 and 258 of the Constitution; Rule 4 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murang’a County Initiative (MCI) Company Limited v Del Monte Limited & another (Environment and Land Constitutional Petition E003 of 2025) [2026] KEELC 1409 (KLR)", Case Analysis (2026). Petition dated 30-6-2025 (Notice of Motion dated 30-6-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1409/eng@2026-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.