REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELC APPLICATION NO. E001 OF 2026
COUNTY GOVERNMENT OF NYANDARUA...............PLAINTIFF.
VERSUS
EASTERN RIFT SAWMILLS LIMITED…………..........DEFENDANT.
ORDER:
Under Order 46, rule 20 of Civil Procedure Rules on Alternative dispute resolutions under which the Plaintiff has moved this Court, it is provided that:
(1) Nothing under this order may be construed as precluding the court from adopting and implementing, of its own motion or at the request of the parties, any other appropriate means of dispute resolution (including mediation) for the attainment of the overriding objective envisaged under sections 1A and 1B of the Act.
(2) The court may adopt an alternative dispute resolution and shall make such orders or issue such directions as may be necessary to facilitate such means of dispute resolution.
(3) Where a court mandated mediation adopted pursuant to this rule fails, the court shall forthwith set the matter down for hearing and determination in accordance with the Rules.
In her Application dated15/7/2026 under certificate of urgency the Applicant has asked me to grant the Parties herein leave to pursue Alternative Disputes Resolution in accordance with Article 159 (2) (c)of the Constitution of Kenya, 2010. I am also requested to stay the delivery of the pending Ruling on the preliminary objection dated 29/4/2026.
The said Article, 159 (2) (c)provides that:
(1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
(a) justice shall be done to all, irrespective of status;
(b) justice shall not be delayed;
(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
(d) justice shall be administered without undue regard to procedural technicalities; and
(e) the purpose and principles of this Constitution shall be protected and promoted.
(3) Traditional dispute resolution mechanisms shall not be used in a way that--
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law.
Going by the above, it is clear that the Court can only promote Alternative dispute resolutions. Leave of the Court is not required nor can the Court force any party into this mode of settlement. Parties enter into the same voluntarily. This should have been attempted before the parties made submissions to the Notice of Preliminary Objection dated 29/4/2026. It is still not late in the day. But I am not going to be derailed by the current Application and the same is hereby disallowed with costs to the Respondent.
Ruling dated and delivered at Nyandarua this 16th Day of July 2026.
MUGO KAMAU
JUDGE
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELC APPLICATION NO. E001 OF 2026
COUNTY GOVERNMENT OF NYANDARUA...............PLAINTIFF.
VERSUS
EASTERN RIFT SAWMILLS LIMITED…………..........DEFENDANT.
ORDER:
Under Order 46, rule 20 of Civil Procedure Rules on Alternative dispute resolutions under which the Plaintiff has moved this Court, it is provided that:
(1) Nothing under this order may be construed as precluding the court from adopting and implementing, of its own motion or at the request of the parties, any other appropriate means of dispute resolution (including mediation) for the attainment of the overriding objective envisaged under sections 1A and 1B of the Act.
(2) The court may adopt an alternative dispute resolution and shall make such orders or issue such directions as may be necessary to facilitate such means of dispute resolution.
(3) Where a court mandated mediation adopted pursuant to this rule fails, the court shall forthwith set the matter down for hearing and determination in accordance with the Rules.
In her Application dated15/7/2026 under certificate of urgency the Applicant has asked me to grant the Parties herein leave to pursue Alternative Disputes Resolution in accordance with Article 159 (2) (c)of the Constitution of Kenya, 2010. I am also requested to stay the delivery of the pending Ruling on the preliminary objection dated 29/4/2026.
The said Article, 159 (2) (c)provides that:
(1) Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
(a) justice shall be done to all, irrespective of status;
(b) justice shall not be delayed;
(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
(d) justice shall be administered without undue regard to procedural technicalities; and
(e) the purpose and principles of this Constitution shall be protected and promoted.
(3) Traditional dispute resolution mechanisms shall not be used in a way that--
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law.
Going by the above, it is clear that the Court can only promote Alternative dispute resolutions. Leave of the Court is not required nor can the Court force any party into this mode of settlement. Parties enter into the same voluntarily. This should have been attempted before the parties made submissions to the Notice of Preliminary Objection dated 29/4/2026. It is still not late in the day. But I am not going to be derailed by the current Application and the same is hereby disallowed with costs to the Respondent.
Ruling dated and delivered at Nyandarua this 16th Day of July 2026.
MUGO KAMAU
JUDGE