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ELCStruck OutNot stated in the judgment (notice of motion dated 31 July 2024)· [2026] KEELC 2008 (KLR)

Pridelands Self Help Group (Suing Through its Officials Calvince Onduru – Chairman Secretary Makau – Secretary Samuel Waweru – Treasurer) v Ahmed & another (Environment and Land Case E057 of 2024) [2026] KEELC 2008 (KLR)

Environment and Land Court
14 April 2026
2,752 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a residents' challenge to flat construction because they should have first complained to the county planning committee.

What this practically means

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Executive summary

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The plaintiff, describing itself as an association of residents of Sabaki in Mavoko Sub County owning Land References 18228/94 and 18228/16, moved the court by notice of motion dated 31 July 2024 under Section 3A of the Civil Procedure Act and Order 40 of the Civil Procedure Rules seeking a temporary injunction restraining the defendants from constructing flats on Land Reference 18498, allegedly without the plaintiff's involvement in public participation as required for a controlled development area. The 1st defendant, registered owner of Athiriver/Athiriver/Block7/9, countered that he obtained a development permission on 28 June 2024 from the County Director of Physical Planning, Mavoko Sub County, with all requisite approvals. The 2nd defendant, through Avi Bhogal's affidavit, asserted ownership of LR 18498 and denied subdividing it. The court, of its own initiative, directed parties on the jurisdictional question. Framing two issues - jurisdiction and the criteria for injunctive relief - the court held that under Article 162(2) of the Constitution and Section 13 of the ELC Act it would ordinarily have jurisdiction, but PLUPA establishes the Machakos County Physical and Land Use Planning Liaison Committee under Sections 61(3) and (4), 78 and 80 as the primary forum for disputes over development permissions, with the ELC sitting on appeal. Applying the exhaustion doctrine as articulated in Claire Kubochi Anami, the court found the plaintiff had circumvented the statutory process and that it lacked original jurisdiction. The motion and the entire suit were struck out, the plaintiff to bear the defendants' costs, and the file marked as closed.

Key legal issues

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01

Jurisdiction and exhaustion of statutory remedies in development-permission disputes

Holding

The exhaustion doctrine applies; the plaintiff should have pursued the Committee under Sections 61(3) & (4), 78 and 80 of PLUPA and Regulation 12 before filing suit, and the court lacks original jurisdiction

Reasoning

The court held that although it ordinarily has jurisdiction under Article 162(2) and Section 13 of the ELC Act over land-use disputes, PLUPA establishes the County Physical and Land Use Planning Liaison Committee as the primary forum for complaints about development permissions, with appeals lying to the ELC. Relying on the Court of Appeal's decision in Claire Kubochi Anami, the court found the claim fell within no exception to the exhaustion doctrine. The plaintiff, having received a copy of the development permission, prematurely circumvented the statutory process.

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Whether injunctive relief was warranted

Holding

Not determined, as the suit was struck out on the jurisdictional issue

Reasoning

The court framed two issues but found that once jurisdiction failed on the exhaustion ground, it was unnecessary to consider whether the criteria for a temporary injunction had been met. The motion and the entire suit were struck out with costs to the defendants.

p. 6

Legal principles established

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  • Where a statutory primary dispute-resolution mechanism exists, it must be exhausted before approaching the court; the alternative mechanism delays rather than ousts the court's jurisdiction
  • In development-permission disputes under PLUPA, the County Physical and Land Use Planning Liaison Committee is the primary forum and the ELC exercises appellate jurisdiction over its decisions

Court orders

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  1. 1.The notice of motion dated 31 July 2024 is struck out
  2. 2.The entire suit is struck out to allow the parties to ventilate their case before the County Physical and Land Use Planning Liaison Committee
  3. 3.The plaintiff shall bear the defendants' costs of the suit and motion
  4. 4.The file is marked as closed
  5. 5.The 1st defendant's supplementary affidavit sworn on 20 May 2025, filed without leave, is expunged from the record
Jurisdiction invoked
Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act, read against Sections 61(3) & (4), 78 and 80 of the Physical and Land Use Planning Act (exhaustion doctrine)

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, "Pridelands Self Help Group (Suing Through its Officials Calvince Onduru – Chairman Secretary Makau – Secretary Samuel Waweru – Treasurer) v Ahmed & another (Environment and Land Case E057 of 2024) [2026] KEELC 2008 (KLR)", Case Analysis (2026). Not stated in the judgment (notice of motion dated 31 July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2008/eng@2026-04-14

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