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Case Brief · caselaw.co.ke
ELCPartially AllowedELC Petition No. E013 of 2024

Jaribu Credit Traders Limited v The Cabinet Secretary Ministry of Interior & Administration, Nairobi City County Government & The Honourable Attorney General

Environment and Land Court of Kenya
30 September 2026
8,086 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~32 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court declared a Cabinet Secretary's 24-hour riparian demolition notice void because no law gave the CS power to issue it.

What this practically means

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Executive summary

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The petitioner, a limited liability company, petitioned the Environment and Land Court at Nairobi alleging that the respondents' demolition notice and planned demolition of its property L.R. No. 209/7994/7 on Dar es Salaam Road, Industrial Area violated Articles 27(1), 40(3) and 47(1) and (2) of the Constitution. It relied on a 2018 National Environment Tribunal ruling that the property did not encroach on riparian reserves, claiming legitimate expectation, and challenged the 1st respondent's 2nd May 2024 press-release order directing vacating of a 30-metre riparian corridor within 24 hours. The respondents invoked public land doctrine under Article 62, police powers, the polluter pays principle, overriding interests under section 28 of the Land Registration Act, and the National Land Use Policy, contending the property encroached on riparian land. The court surveyed the scattered statutory framework - the Survey Act and Regulations, EMCA and its regulations, the Water Act, the Land Act, the Land Registration Act and the Physical and Land Use Planning Act - and found no provision empowering the Cabinet Secretary to issue the notice. It held the notice ultra vires and a nullity, breached Article 47 and fair administrative action requirements, and was unsupported by any scientific mapping or report establishing the property lay within a riparian reserve. The court found the petition proved to the required standard but allowed only prayer II (the declaration that the 2nd May 2024 order was null and void), holding the remaining prayers unsubstantiated, and made no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the respondents were justified in law in issuing a demolition notice over the petitioner's land alleging it falls within a riparian zone
  2. 2.Whether a subsequent redefinition or expansion of riparian reserve limits can be applied retroactively to deprive the petitioner of its land without due process under Article 40(3) as read with section 28 of the Land Registration Act
  3. 3.Whether the petitioner's rights under Articles 27(1), 40(3) and 47(1) and (2) of the Constitution were violated
  4. 4.Whether the 1st respondent's 2nd May 2024 notice complied with the Constitution, the Fair Administrative Action Act and statutory frameworks on riparian land and evictions

Key legal issues

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01

Validity of the 1st respondent's 24-hour demolition/evacuation notice

Holding

The notice was ultra vires and a nullity; the C.S. had no power under the cited laws and regulations on riparian land to issue it, and no prescribed notice under form LA 57 and the Land Regulations 2017 was issued

Reasoning

The court surveyed the Survey Act, EMCA, Water Act, Land Act, Land Registration Act and Physical and Land Use Planning Act and found no provision empowering the Cabinet Secretary to issue the notice. The respondents admitted non-compliance with constitutional and statutory imperatives. Citing Macfoy, an ultra vires act is a nullity.

p. 45
02

Whether the petitioner's land falls within a riparian reserve

Holding

The respondents failed to establish on a scientific basis that the property falls within a riparian reserve; no mapping or definition by the Director of Surveys or scientific report was supplied

Reasoning

The court found no evidence that NDOC or the multi-agency teams considered high and low water marks, seasonal rivers, buffer zones, the historical survey record or ground conditions by way of a scientific report. The Director of Surveys, the authority on boundaries, supplied no mapping, and the deed plan was never recalled or invalidated.

p. 38
03

Whether riparian designation converts private land to public land

Holding

Riparian regulations impose management controls and restrictions on use but do not transfer ownership of private land to WRA or the public

Reasoning

Relying on Njogu v Sino Hydro Corporation Ltd and Superior Homes v Water Resources Authority, the court held that declaration of land as riparian does not affect proprietorship but imposes management and land-use controls on the proprietor.

p. 31
04

Fair administrative action and right to be heard

Holding

The 24-hour notice without hearing breached Article 47, the Fair Administrative Action Act and rules of natural justice; the notice was null and void

Reasoning

The petitioner was not allowed to represent its case before demolition was scheduled. The respondents' invocation of urgency and El Niño rains did not justify dispensing with fair administrative procedure; the court found the respondents admitted non-compliance in their pleadings.

p. 45

Legal principles established

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  • A state officer may only act within the powers conferred by law; action beyond statutory authority is ultra vires and a nullity
  • Where riparian land runs through private land, the adjoining private land does not automatically become public land under Article 62
  • All evictions, including demolition of unauthorised structures, must be done in accordance with the law
  • Only NLC under section 11 of the Land Act can act on endangered or protected land

Court orders

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  1. 1.The court allowed prayer no. II of the petition (declaration that the 1st respondent's order of 2/5/2024 breached Article 47, the Fair Administrative Action Act and rules of natural justice and is null and void)
  2. 2.The rest of the prayers were not substantiated and were not granted
  3. 3.There will be no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 22, 23, 258 and 260 of the Constitution; Environment and Land Court jurisdiction under section 3 of EMCA

Relief refused

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Declaration that demolition of L.R. No. 209/7994/7 infringed Articles 27(1), 40(3), 47(1) and 47(2)

Not substantiated; only prayer II allowed

Injunction barring respondents and multi-agency teams from interfering with the subject property

Not substantiated

Order of restitution restoring the property to its state as at the date of the petition

Not substantiated

Alternative compensation for repair costs of damage

Not substantiated

Costs

There will be no orders as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The C.S. had no such powers in the alluded raft of law and regulation on riparian land, zones and reserves. The 1 st respondent acted ultra vires. A nullity is a nullity as held in Macfoy vs United Africa Co. Ltd.
p. 45Ultra vires administrative action
The court only allows prayer no. II. The rest of the prayers have not been substantiated. There will be no orders as to costs.
Final orders and costs
Where a water body runs through private land, the private land adjoining the riparian land does not automatically become public land under Article 62 of the Constitution.
p. 31Riparian land and ownership
All evictions must be done in accordance with the law, including demolition of unauthorised structures.
p. 46Lawful eviction
the notice dated 2nd May 2024 cannot pass the constitutional and statutory master as to whether the petitioner's land falls under riparian land in the 1st instance
p. 44Failure of the impugned notice

Issues in the judgment

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material

Judgment dated 30 September 2026 but cites decisions dated 2026 as authority

minor

Property number inconsistency between petition and respondents' reply

minor

Respondent's name misspelt in the cause title

minor

Prayer (e) refers to non-existent prayer (v)

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, "Jaribu Credit Traders Limited v The Cabinet Secretary Ministry of Interior & Administration, Nairobi City County Government & The Honourable Attorney General", Case Analysis (2026). ELC Petition No. E013 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6276/eng@2026-09-30

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