David Chege Kuria & Another v The Hon Attorney General & 7 Others
The bottom line
#A Kenyan court halted an EPZ project because the government started construction without consulting residents or completing an environmental assessment first.
What this practically means
#Executive summary
#Key legal issues
#Locus standi and precision of pleadings
Settled by the unappealed ruling of 14/07/2025 and not open to re-litigation; pleadings satisfy the Anarita Karimi Njeru precision threshold
The Court held its earlier ruling on jurisdiction and standing final between the parties. Reading the pleadings as a whole, they identify the impugned Legal Notice, affected parcels, water catchments at risk and threatened school complex with sufficient particularity.
Violation of rights by initiating the EPZ project
Commencement of works without public participation or EIA violated Articles 10, 42, 43(1)(d), 47 and 69 and EMCA and Physical Planning Act provisions
The Respondents admitted works began before the EIA was finalized and before county land use plan consultations. Applying the Mui Coal Basin standard to uncontroverted facts, the omission was total, not attenuated, and the precautionary principle under section 3(5) EMCA was disregarded.
Public participation threshold
The process failed the constitutional and statutory threshold; participation must precede project implementation
Relying on Pauku Wa Kiumbe and Mui Coal Basin, the Court found no prior engagement by the 2nd Respondent, no 21-day gazette notices or ward display by the 8th, and abdication of oversight by the County Assembly under Articles 185(3), 185(4) and 196(1)(b).
Ripeness and exhaustion
The Petition is ripe; the exhaustion doctrine does not apply where physical works have commenced without any participatory process
Although administrative processes must generally run their course, intervention is imperative where ongoing physical works threaten imminent and irreversible constitutional harm. The alternative remedy of a later EIA is neither timely nor effective.
Joinder of the National Assembly
The National Assembly was improperly joined and struck out for want of a properly pleaded cause of action
Its mandate under Article 95 is confined to legislative oversight; the Petitioners pleaded no session, resolution or omission by the National Assembly bearing on the project. Vague assertions of oversight failure fail the constitutional specificity threshold.
Legal principles established
#- Public participation must be real, calibrated to the scale of the intervention, and undertaken before the event, not offered as an afterthought
- The exhaustion doctrine does not apply where concrete physical alteration of land use has already occurred without any antecedent participatory process
- A constitutional petition must plead with precision the specific conduct attributed to each respondent
- Economic development cannot override constitutional mandates, the precautionary principle, or the socio-economic rights of surrounding communities
Court orders
#- 1.Declaration that the actions and decisions of the 2nd, 7th and 8th Respondents in initiating physical development, excavations and setup for the proposed EPZ on L.R. Nos. 12203/1, 12203/2 and 12158 without prior public participation and without a duly approved EIA licence are unconstitutional, illegal, null and void
- 2.Declaration that the 2nd, 7th and 8th Respondents violated Articles 10, 42, 43(1)(d), 47 and 69 by failing to conduct meaningful prior public participation and failing to procure an EIA before commencing works
- 3.Order of prohibition restraining the 2nd, 7th and 8th Respondents from further construction, excavation or physical development on the suit parcels until the mandamus orders are complied with
- 4.Order of mandamus directing the 2nd, 7th and 8th Respondents to conduct, within 90 days, a public participation exercise meeting the Mui Coal Basin standard, including 21-day gazette and ward-level notices, and to procure a full EIA under section 58 of EMCA
- 5.Order of certiorari quashing any development approvals, site authorizations or administrative decisions permitting physical works on the suit parcels prior to full statutory compliance
- 6.The name of the 6th Respondent, the National Assembly, struck out of the proceedings for want of a properly pleaded cause of action, with no orders as to costs
- 7.Each party to bear their own costs save that the 8th Respondent shall bear the Petitioners' costs of the Petition
- Jurisdiction invoked
- Articles 162(2)(b), 165(3)(d)(i) & (ii) of the Constitution and Section 13 of the Environment and Land Court Act (No. 19 of 2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Chege Kuria & Another v The Hon Attorney General & 7 Others", Case Analysis (2026). Petition No. E001 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6210/eng@2026-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.