Maina (Suing as the Administrator of the Estate of Kitur Arap Koech) & another v County Government of Kericho & 2 others (Environment and Land Petition E006 of 2025) [2026] KEELC 2934 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a landowners' constitutional claim, saying land disputes belong in ordinary civil suits, not petitions.
What this practically means
#Executive summary
#Key legal issues
#Whether the jurisdiction of the Court was properly invoked
The Court invoked the doctrine of constitutional avoidance; the disputes over trespass and alleged donation are civil issues of fact requiring oral evidence, not constitutional questions
The parties disputed whether the deceased trespassed/donated the land - twin issues of fact best established by oral evidence. The court relied on Rumasila v Kenya Urban Roads Authority, the Supreme Court in Communications Commission of Kenya v Royal Media Services, and KKB v SCM, holding that where ample statutory avenues exist, ordinary disputes should not be brought before a constitutional court.
Whether the Petitioners are entitled to the orders sought
The prayers could not be granted following the finding on jurisdiction
Given the finding that the petition raised civil disputes improperly framed as constitutional questions, the court declined to consider entitlement to the declarations, injunction, compensation or damages sought.
Costs
Costs awarded to the 1st and 2nd Respondents as the successful parties
Applying Section 27 of the Civil Procedure Act, costs follow the event and a successful party should ordinarily be awarded costs unless the court directs otherwise for good reason.
Legal principles established
#- Where there exist ample statutory avenues for resolution of a dispute, the constitutional court will decline to entertain it under the principle of constitutional avoidance
- A constitutional issue will not be determined where the matter may properly be decided on another basis
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The Petition is struck out with costs to the 1st and 2nd Respondents
- Jurisdiction invoked
- Constitution of Kenya, 2010 (Article 23 - jurisdiction in constitutional petitions; Articles 40, 47 alleged violations)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina (Suing as the Administrator of the Estate of Kitur Arap Koech) & another v County Government of Kericho & 2 others (Environment and Land Petition E006 of 2025) [2026] KEELC 2934 (KLR)", Case Analysis (2026). Kericho Constitutional Petition (Petition dated 19th June, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2934/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.