Kiruki v Kenya Power & Lighting Company Plc (Environment and Land Petition E007 of 2025) [2026] KEELC 2533 (KLR)
The bottom line
#The Environment and Land Court dismissed a landowner's bid for compensation from Kenya Power because she bought land that already had power lines and never proved how her rights were violated.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petition met the Anarita Karimi Njeru threshold
It did not; the Petitioner merely listed Articles 10, 40 and 47 without demonstrating the manner of infringement
The court applied the Anarita Karimi Njeru three-tier test as restated in Mumo Matemu: a petitioner must set out the provisions said to be infringed and the manner of infringement. The Petitioner's general narrations about deprivation of property and lack of transparency were held not precise nor capable of attaching any injury. Respondents are entitled to know the precise nature of allegations to respond.
Whether the Respondent violated Articles 10, 40 and 47
No violation was proved; the power lines were constructed in 1994 and commissioned in 1997, long before the Petitioner acquired the subdivided parcel in 2015
It was not disputed that the Petitioner acquired the land on 27th October 2015, after construction and commissioning of the power lines, and that the parcel resulted from a subdivision and did not exist in 1994. The Respondent could not have negotiated with someone who was not the owner. The Petitioner did not prove lack of a valid wayleave or that she acquired the land free of the existing infrastructure.
Burden of proof and entitlement to reliefs
The Petitioner failed to discharge the legal burden under Section 107 of the Evidence Act; no reliefs were available
Citing Section 107 of the Evidence Act and Disa Enterprises Ltd v Kenya Power & Lighting Co Ltd, the court held that the Petitioner, who admits the lines existed before her proprietary interest, failed to establish trespass or unlawful action. The Disa case was treated as on all fours, and the petition was dismissed.
Legal principles established
#- A constitutional petitioner must plead with precision the provision infringed and the manner of infringement
- He who alleges must prove; the burden of proof lies on the party asserting the facts
Court orders
#- 1.The Petition is dismissed with costs to the Respondent.
- Jurisdiction invoked
- Original jurisdiction under the Constitution and the Environment and Land Court Act over violation of fundamental rights relating to land (Articles 10, 40 and 47 invoked by the Petitioner)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiruki v Kenya Power & Lighting Company Plc (Environment and Land Petition E007 of 2025) [2026] KEELC 2533 (KLR)", Case Analysis (2026). Petition dated 26th September, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2533/eng@2026-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.