Peter Thuita Kariuki & 3 others v Kenya Rural Roads Authority [2020] eKLR Case Summary

Court
Environment and Land Court at Nyahururu
Category
Civil
Judge(s)
M.C. Oundo
Judgment Date
September 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Peter Thuita Kariuki & 3 others v Kenya Rural Roads Authority [2020] eKLR, highlighting key legal findings and implications for infrastructure development in Kenya.

Case Brief: Peter Thuita Kariuki & 3 others v Kenya Rural Roads Authority [2020] eKLR

1. Case Information:
- Name of the Case: Peter Thuita Kariuki & Others v Kenya Rural Roads Authority
- Case Number: ELC Constitutional Petition No. 4 of 2019
- Court: Environment and Land Court of Kenya at Nyahururu
- Date Delivered: September 29, 2020
- Category of Law: Civil
- Judge(s): M.C. Oundo
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
1. Whether the Petitioners' constitutional rights were violated by the Respondent's decision to divert the upgrading of road D388 to another route without public participation.
2. Whether the Petitioners are entitled to the orders sought, including prohibition against the Respondent from proceeding with the tender for the road upgrade.

3. Facts of the Case:
The Petitioners, residents of Nyandarua County, filed a petition against the Kenya Rural Roads Authority, claiming that their rights under various articles of the Constitution were violated when the Respondent diverted the upgrading of road D388 (Maili Four – Maili Kumi – Gakoe – Olbolossat – Kaka – Kariamu Junction) to another route (Maili Kumi – Subuku – Sipala – Shamata – Kaka – Kariamu / Warukira – Shamata / Shamata town roads) without consulting them. The Petitioners argued that they had a legitimate expectation of the upgrade based on prior classifications and tenders issued by the Respondent.

4. Procedural History:
The Petition was filed on September 26, 2019, and was supported by an affidavit from the third Petitioner. The case was disposed of through written submissions as directed by the court on May 7, 2020. The Petitioners argued that the lack of public participation in the decision-making process violated their constitutional rights. The Respondent countered that the two roads were different projects and that the diversion was based on ecological concerns regarding a protected wetland.

5. Analysis:
- Rules: The court considered various constitutional provisions, including Articles 1, 10, 19, 20, 21, 27, 33, 35, 47, and 50 of the Constitution of Kenya 2010, which guarantee human rights and fundamental freedoms.
- Case Law: The court referenced previous cases, such as *Kenya Human Rights Commission v Attorney General & Another [2018] eKLR* and *Jane Kiongi & 15 Others v Laikipia University & 6 Others [2019] eKLR*, emphasizing the importance of public participation and legitimate expectations in administrative actions.
- Application: The court found that the Petitioners failed to provide sufficient evidence to support their claims of constitutional violations. The Respondent's argument that the upgrading of road D388 was terminated due to environmental concerns was deemed valid, and the court concluded that public participation had been adequately represented through local leadership consultation.

6. Conclusion:
The court ruled against the Petitioners, stating that they did not prove their case to the required standard and that the Respondent's actions were justified based on environmental considerations and public interest. The Petition was dismissed, and each party was ordered to bear its own costs.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The case illustrates the balance between public interest and individual rights in administrative decisions related to infrastructure development. The court upheld the Respondent's decision to divert the road upgrade based on ecological concerns and the lack of evidence of constitutional violations by the Petitioners. The ruling reinforces the importance of public participation while also recognizing the challenges posed by environmental considerations in public works projects.

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