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ELCDismissedPetition dated 28.8.2025· [2026] KEELC 2123 (KLR)

Kilindini Warehouse Limited v County Government of Mombasa (Environment and Land Petition E018 of 2025) [2026] KEELC 2123 (KLR)

Environment and Land Court
17 April 2026
AOAntony O. Ombwayo
1,503 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Mombasa's Environment and Land Court ruled that a business can challenge unfair county rate hikes directly in court without first going to rating tribunals.

What this practically means

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Executive summary

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Kilindini Warehouse Ltd petitioned the Environment and Land Court at Mombasa against the County Government of Mombasa, seeking declarations that the unilateral and retrospective increase of its annual land rates from Kshs. 743,400 to Kshs. 1,858,500 without due process was unlawful and unconstitutional, that a demand letter of 18th August 2024 for Kshs. 2,030,689 was irregular and unenforceable, and that the respondent violated Articles 10, 40, 47, 48, 50 and 201 of the Constitution. The petitioner also sought a permanent injunction, certiorari to quash the enhanced rates, mandamus compelling compliance with the National Rating Act, the Public Finance Management Act and the Constitution, and reimbursement or crediting of monies paid, including Kshs. 2,230,200 remitted on 14th May 2025. The respondent filed a preliminary objection contending that the court lacked jurisdiction because Sections 10 of the Valuation for Rating Act, Section 25 of the Rating Act (repealed) and Section 41 of the National Rating Act, 2024 designate the Valuation Court, Magistrates' Court and National Rating Tribunal as primary fora, and that the petitioner had failed to exhaust administrative remedies. Citing the Supreme Court's decision in Abidha Nicholus v Attorney General, the court held that where a petition primarily seeks enforcement of fundamental rights and raises constitutional questions of interpretation, the exhaustion doctrine does not bar access to the ELC. Finding that the petition hinged on interpretation of the Constitution and public participation, matters the rating fora could not adequately determine, the court dismissed the preliminary objection with costs on 17th April 2026, leaving the petition itself to proceed to full hearing.

Key legal issues

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Application of the exhaustion doctrine to a constitutional petition challenging retrospective enhancement of land rates

Holding

The preliminary objection fails because the petition raises constitutional questions that only the Environment and Land Court can entertain

Reasoning

The respondent argued that the Valuation Court, Magistrates' Court and National Rating Tribunal are the primary fora for complaints on rates, and that the petitioner bypassed these remedies. The court distinguished the Supreme Court's decision in Abidha Nicholus, which held that litigants raising mixed questions of constitutional rights and administrative action cannot be forced to exhaust administrative avenues where the ELC has jurisdiction. The petition here seeks interpretation of Articles 2(1), 3, 10, 19, 20, 21 and 22 and invokes public participation, matters the rating fora cannot adequately determine.

p. 3

Legal principles established

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  • Where a suit primarily seeks to enforce fundamental rights, the doctrine of exhaustion does not apply if alternative remedies are inadequate to address the constitutional breach
  • Where a clear procedure for redress is prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed

Court orders

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  1. 1.The preliminary objection is dismissed with costs

Authorities

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Legislation

  • Constitution of KenyaArticles 2(1), 3, 10, 19, 20, 21, 22, 40, 47, 48, 50, 159, 201
  • Valuation for Rating Act (Repealed)Section 10
  • Rating Act (repealed)Section 25
  • National Rating Act, 2024Section 41
  • Public Finance Management Act, 2012

Cases cited (7)

  • Mwangi & Another v Naivasha County Hotel t/a Sawela Lodges
    (Petition E003 of 2021) [2022] KEHC 10975 (KLR)
  • William Odhiambo Ramogi and 3 Others v Attorney General & 4 Others; Muslims for Human Rights & 2 others (Interested Parties)
    Mombasa High Court Constitutional Petition No. 159 of 2018 consolidated with Constitutional Petition No. 201 of 2019 (2020) KLR
  • R v Independent Electoral and Boundaries Commission (I.E.B.C) ex Parte National Super Alliance (NASA) Kenya and 6 others
    [2017] eKLR
  • Speaker of National Assembly v Karume
    [1992] KLR 21
  • Patrick Mbau Karanja v Kenyatta University
    [2012] eKLR
  • Francis Waithaka v Kenyatta University
    Petition No. 633 of 2011
  • Abidha Nicholus v Attorney General & Others
    (Petition No. E007 of 2023)
Jurisdiction invoked
Jurisdiction of the Environment and Land Court under the Constitution of Kenya, 2010 (petitioner invoking Articles 2(1), 3, 10, 19, 20, 21, 22 and other constitutional provisions); respondent invoked Sections 10 of the Valuation for Rating Act (Cap 266), Section 25 of the Rating Act (repealed Cap 267) and Section 41 of the National Rating Act, 2024 on the 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, "Kilindini Warehouse Limited v County Government of Mombasa (Environment and Land Petition E018 of 2025) [2026] KEELC 2123 (KLR)", Case Analysis (2026). Petition dated 28.8.2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2123/eng@2026-04-17

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