Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedPetition and Application dated 21st May 2025· [2026] KEELC 1909 (KLR)

Centre for Litigation on Environment and Governance - CLEG v State Law Office & 4 others (Environment and Planning Petition E004 of 2025) [2026] KEELC 1909 (KLR)

Environment and Land Court
12 March 2026
1,898 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

#

Kenya's Environment and Land Court allowed an NGO to sue for a landowner's constitutional rights, rejecting arguments that the case belonged elsewhere.

What this practically means

#

Executive summary

#
The Environment and Land Court at Mombasa (Ombwayo J) ruled on a Notice of Preliminary Objection dated 27th May 2025 by the Coast Regional Surveyor and the Mombasa County Land Settlement Officer, supported by the Attorney General, seeking to strike out a petition by CLEG filed on behalf of Mr. Fulgence Mwanyalo Kisomba, a 75-year-old owner of Plots Nos. 1683 and 1693 in Ziwa La Ngombe, Mombasa. The objection raised three grounds: lack of locus standi, failure to exhaust statutory remedies under PLUPA and the Public Roads and Roads of Access Act, and lack of constitutional particularity under the Anarita Karimi Njeru standard. The court framed three issues: standing, exhaustion, and whether a prima facie constitutional grievance was disclosed. On standing, it held that the transformative Constitution, through Articles 22, 258 and 260, breaks traditional locus standi strictures; CLEG is a registered PBO with a letter of authorization from the beneficiary, making it a proper representative action. On exhaustion, the court took judicial notice that the Mombasa County Physical and Land Use Planning Liaison Committee is not operational, and, following Abidha Nicholas v Attorney General, held that statutory tribunals cannot determine constitutional violations. On particularity, it found the petition adequately pleaded violations of Articles 40(3), 62(4), 42, 47 and 57. The preliminary objection was rejected and the petition set down for full hearing, with a timetable for pleadings and submissions and judgment scheduled for 21st May 2026. Costs were made to abide the outcome.

Key legal issues

#
01

Locus standi of a registered organization acting for a private citizen

Holding

CLEG, a registered PBO, has standing to sue on behalf of Mr. Fulgence under Articles 22, 258 and 260 and with a letter of authorization from him.

Reasoning

The court rejected a restrictive view of standing as inconsistent with the transformative 2010 Constitution. Articles 21, 22, 23, 258 and 260 widen the category of persons who may move the court, and 'person' includes unincorporated associations. CLEG produced its registration certificate and KRA PIN, and a letter of authorization from the beneficiary, making it a representative action sharing a common grievance rather than a busy-body suit.

p. 3
02

Exhaustion of statutory remedies under PLUPA

Holding

Exhaustion does not bar the petition because the County Liaison Committee is not operational and cannot determine constitutional violations.

Reasoning

The court took judicial notice that the Mombasa County Physical and Land Use Planning Liaison Committee is not operational. Following Abidha Nicholas v Attorney General, forums such as statutory tribunals lack jurisdiction over alleged violations of the Constitution, and access to court for constitutional redress should not be impeded. Deferring a 75-year-old man to a non-existent body would defer justice itself.

p. 4
03

Constitutional particularity (Anarita Karimi Njeru threshold)

Holding

The petition satisfies the particularity threshold, having pleaded specific Articles 40(3), 62(4), 42, 47 and 57 violations with particulars.

Reasoning

The objectors argued the petition lacked particularity. The court found the petitioner clearly pleaded violation of property rights under Article 40(3), unlawful disposal of public land under Article 62(4), the right to a clean and healthy environment under Article 42, and fair administrative action and rights of older members of society under Articles 47 and 57, with the obstruction of access to plots 1683 and 1693 since 2014 sufficiently particularised.

p. 4

Legal principles established

#
  • Registered associations and bodies of persons have capacity under Article 260 to institute constitutional proceedings enforcing the Bill of Rights.
  • A suit primarily seeking enforcement of fundamental rights is not barred by the doctrine of exhaustion.
  • Absence of a functional statutory committee renders the doctrine of exhaustion inapplicable.

Court orders

#
  1. 1.The Preliminary Objection dated 27th May 2025 is without merit and is hereby rejected.
  2. 2.The Petition shall proceed to a full hearing on its merits.
  3. 3.The respondents to file and serve their reply to petition within 21 days.
  4. 4.The petitioner to file and serve suplimentary afidavit with submissions within 21 days of service.
  5. 5.The respondents to file submissions within 21 days of service.
  6. 6.Judgment on 21st May 2026.
  7. 7.Costs shall abide the outcome of the Petition.
Jurisdiction invoked
Articles 22, 23(3) and 162(2)(b) of the Constitution as read with Section 4(1) of the Environment and Land Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Centre for Litigation on Environment and Governance - CLEG v State Law Office & 4 others (Environment and Planning Petition E004 of 2025) [2026] KEELC 1909 (KLR)", Case Analysis (2026). Petition and Application dated 21st May 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1909/eng@2026-03-12

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