Kenya Resource Centre v African Gas and Oil Company & another
The bottom line
#Kenya's Environment and Land Court dismissed an access-to-information petition because the petitioner skipped the required complaint step at the Commission on Administrative Justice.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Environment and Land Court has jurisdiction to hear the Petition and the Notice of Motion
- 2.Whether the Petition is premature and offends the exhaustion-of-remedies requirement under the Access to Information Act
- 3.Whether the Petitioner made a request for information under Article 35(1) and Section 8 of the Access to Information Act before filing the Petition
Key legal issues
#Exhaustion of remedies under the Access to Information Act
The Petitioner was duty bound to first apply to the Commission on Administrative Justice for review before instituting court proceedings.
Section 14 of the Access to Information Act requires an aggrieved requester to apply to the Commission on Administrative Justice, which under Section 23(2) may order release of withheld information, compensation or other remedy. Section 23(3) provides an appeal to the High Court within 21 days. Parliament did not intend to confer both original and appellate jurisdiction on the court where the Commission has jurisdiction.
Whether a request for information was in fact made
No request was made to the Respondents before the Petition was filed; the alleged request was neither attached to the Petition nor produced even after leave to file a Supplementary Affidavit.
Both Respondents denied receipt of any request under Article 35(1)(b) and Section 8 of the Act. The Petitioner neither produced the request nor demonstrated when it was served. Given leave to file a Supplementary Affidavit was granted and still not availed, the Court agreed with the Respondents that no such request was made.
Jurisdiction of the Environment and Land Court over the Petition
The Petition fails the jurisdictional test for a constitutional dispute; the Court declines jurisdiction on constitutional avoidance and exhaustion of remedies.
Because the Access to Information Act provides an adequate alternative forum through the Commission on Administrative Justice, and the Petitioner did not exhaust it, the Petition could not pass the jurisdictional test required of a constitutional dispute. The doctrine of constitutional avoidance and subsidiarity applied.
Legal principles established
#- Where the Access to Information Act confers jurisdiction on the Commission on Administrative Justice, a party must first exhaust that remedy before invoking the Court's process; the High Court/ELC does not hold both original and appellate jurisdiction over such matters.
Court orders
#- 1.The Petition is dismissed
- 2.The Notice of Motion dated 2nd September 2025 is dismissed
- 3.Costs of the Petition and the Notice of Motion are awarded to the Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22, 23, 35, 258 and 259 of the Constitution of Kenya 2010; Sections 4, 5, 8 and 9 of the Access to Information Act, No. 31 of 2016
Relief refused
#Conservatory order preserving documents and records relating to the licence dated 21st March 2012
The Court declined jurisdiction on constitutional avoidance and exhaustion of remedies and dismissed the Motion
Order compelling the Respondents to furnish the documents listed in paragraph 11 of the petition within 14 days
The remedy lay first before the Commission on Administrative Justice under Section 14 of the Access to Information Act
Costs
The Petition as well as the Notice of Motion dated 2nd September 2025 dismissed with costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In view of the foregoing, this Court declines jurisdiction to entertain this Petition on the basis of the doctrine of constitutional avoidance and exhaustion of remedies.
Accordingly, I hereby dismiss the Petition as well as the Notice of Motion dated 2nd September 2025 with costs.
the Petitioner was duty bound to apply this procedure under the Access to Information Act and could only come to this Court by way of seeking to adopt the decision of the Commission of Administrative Justice or through an appeal against the decision of that Commission.
one cannot help but agree with the Respondents that no such request was made to them before this Petition was led.
Issues in the judgment
#Licence date inconsistency: Motion says 21st March 2012, judgment paragraph 12 says 21st March 2021.
Petitioner named 'Kenya Resource Centre' in title but 'Kenya Resources Center' in paragraph 1.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Resource Centre v African Gas and Oil Company & another", Case Analysis (2026). Environment and Land Petition E019 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5619/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.