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ELCOtherELCLC E083/25 RG· [2026] KEELC 3657 (KLR)

Noor v Kenya Urban Roads Authority & another (Land Case E083 of 2025) [2026] KEELC 3657 (KLR)

Environment and Land Court
16 June 2026
AKA. Y. Koross
372 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a jurisdictional challenge because the defendant's lawyer never paid court filing fees — unpaid fees make filings void.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Machakos (A. Y. Koross, J) dealt with a preliminary objection dated 12 January 2026 raised by the 2nd defendant, contending that the court lacked jurisdiction over the 2nd defendant on the basis of the Energy Act, 2019, the Energy (Complaints and Disputes Resolution) Regulations, 2012, Articles 159(2)(c) and 169(1)(d) and (2) of the Constitution, Sections 9(2) and (3) of the Fair Administrative Action Act, 2015 and Section 6 of the Civil Procedure Act. The 2nd defendant sought the striking out of the suit against it with costs. The court never reached the merits of the jurisdictional objection. On its own examination of the record, it found that the 2nd defendant's counsel, Ms. C. Mwenda, who drew and filed the preliminary objection, had never settled the filing fees: although she filed a memorandum of appearance on 16 January 2026 and an invoice was generated through the CTS system on the same date, the amount due remained unpaid. Accordingly, all documents filed by her, including the preliminary objection, were deemed improperly on record. The preliminary objection was found incompetent and struck out together with all the 2nd defendant's documents, with liberty granted to Ms. C. Mwenda to regularise her representation. Costs were ordered to be in the cause, the parties were directed to comply with Order 11 of the Civil Procedure Rules within 60 days, and a mention date was to be issued. The ruling was delivered virtually at Machakos on 16 June 2026.

Key legal issues

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01

Whether the 2nd defendant's preliminary objection dated 12 January 2026 was properly before the court

Holding

The preliminary objection was incompetent and struck out because counsel who drew and filed it had not settled the filing fees due under the CTS system and was thus not properly on record.

Reasoning

The court examined the record and found that although counsel filed a memorandum of appearance on 16 January 2026 and an invoice was generated on the same date through the CTS system, the amount due was never paid. All documents filed by that counsel, including the preliminary objection, were therefore deemed improperly on record and struck out, with liberty to regularise representation.

p. 2

Legal principles established

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  • Documents filed by counsel who has not settled the filing fees generated on the CTS system are improperly on record

Court orders

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  1. 1.All documents filed by Ms. C. Mwenda, including the preliminary objection, deemed improperly on record
  2. 2.The PO dated 12 January 2026 struck out as incompetent, together with all documents filed by the 2nd defendant
  3. 3.Liberty granted to Ms. C. Mwenda to regularise representation
  4. 4.Costs in the cause
  5. 5.Parties directed to comply with Order 11 of the Civil Procedure Rules within 60 days
  6. 6.A mention date to be issued

Authorities

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Legislation

  • Energy ActSections 3(1), 10, 11(e),(f),(i),(k) & (l), 23, 24, 25, 36, 40, 42, 159(3), 160(3), 224(2)(e)
  • Energy (Complaints and Disputes Resolution) RegulationsRegulations 2, 4, 7 and 9
  • Constitution of Kenya, 2010Articles 159(2)(c) and 169(1)(d) and (2)
  • Fair Administrative Action ActSections 9(2) and (3)
  • Civil Procedure Act, Cap 21Section 6
  • Civil Procedure RulesOrder 11
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court (specific statutory basis not stated in the judgment)

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, "Noor v Kenya Urban Roads Authority & another (Land Case E083 of 2025) [2026] KEELC 3657 (KLR)", Case Analysis (2026). ELCLC E083/25 RG. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3657/eng@2026-06-16

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