Naikuni v Chairman Board of Trustee Purko Development Trust Seleila Ole Mwanik & 3 others (Environment and Land Petition E013 of 2025) [2026] KEELC 5167 (KLR)

Both parties acknowledged the Trust administers the land for the Purko Community, so the dispute was whether the Board exceeded its powers. The Petitioner repeatedly asserted General Assembly approval was mandatory but identified no specific provision of the Trust Deed to that effect. Under section 107 of the Evidence Act the legal burden lay on the Petitioner, and absent evidence of the specific provision breached, illegality could not be inferred.

Article 10 binds State organs and public bodies, and participation must be real and meaningful per the Supreme Court. However, apart from asserting that additional forums such as barazas, churches and vernacular radio ought to have been used, the Petitioner adduced no evidence of denial of participation. No documentary material demonstrated declined information requests under Article 35 or an identifiable administrative decision breaching the Fair Administrative Action Act.

No evidence showed the Purko Development Trust is a procuring entity within the meaning of the procurement statute or that the lease constituted regulated public procurement. The Petitioner did not demonstrate how the Crops Act provisions applied to the transaction, nor produce evidence that an Environmental Impact Assessment was legally required for the one-year lease.

Declaratory relief is discretionary and requires an established infringement or threatened infringement. Citing Mitu-Bell, constitutional remedies provide effective redress only where violations are proved by evidence. Having failed on the substantive findings, the Petitioner could not obtain declarations, cancellation of the lease, injunction, or damages.

Section 27 of the Civil Procedure Act provides costs follow the event subject to the court's discretion. The Supreme Court in Jasbir Singh Rai affirmed discretion to depart where genuine public interest is raised. The Petition raised matters of public importance concerning trustee accountability for community assets and was not brought in bad faith or for an ulterior purpose.