Court Upholds Dismissal of Kiliavo Fresh’s Environmental Dispute Over Wildlife Corridor Farmland

April 4, 2025 | Nairobi, Kenya

The Court of Appeal has delivered a decisive blow to Kiliavo Fresh Limited, affirming the dismissal of the company's legal challenge against the National Environment Tribunal (NET) over the cancellation of its environmental license for a controversial agricultural project located in a key wildlife corridor near Amboseli National Park.

In a judgment issued on April 4, 2025, a three-judge bench comprising Justices W. Karanja, J. Mohammed, and A.O. Muchelule ruled that the Environment and Land Court (ELC) was correct in rejecting Kiliavo’s attempt to contest the NET’s decision through Judicial Review proceedings, stating that the proper legal route was through a statutory appeal as provided under the Environmental Management and Coordination Act (EMCA).

The Background

Kiliavo Fresh Limited owns approximately 180 acres in Loitoktok, Kajiado County, where it had begun developing an integrated farm that included agriculture, livestock production, and a wildlife rangers’ base. The project received approval and an Environmental Impact Assessment (EIA) license from the National Environment Management Authority (NEMA) in August 2020.

However, conservation groups including Big Life Foundation and the Conservation Alliance challenged the project’s legality, arguing it violated the Amboseli Ecosystem Management Plan (AEMP), which designates the area as a wildlife corridor and restricts agricultural development. Concerns were also raised about lack of consultation with key stakeholders during the EIA process.

Following complaints, NEMA issued stop orders and threatened to revoke the EIA license. Kiliavo appealed to the NET, but its case was dismissed after the company and its lawyers failed to appear for a scheduled hearing. Seeking to overturn the dismissal, Kiliavo filed for Judicial Review at the ELC in Kajiado.

The Legal Battle

Kiliavo argued that its right to fair administrative action under Article 47 of the Constitution had been violated and claimed the NET’s dismissal of its appeal in their absence was procedurally unfair. However, the ELC dismissed the case in May 2024, citing lack of jurisdiction and affirming that the correct procedure was to file an appeal under Section 130 of EMCA—not pursue Judicial Review.

Kiliavo appealed this decision to the Court of Appeal, contending that the ELC had supervisory jurisdiction over quasi-judicial bodies like NET, and that Judicial Review was a constitutional right to remedy administrative injustice.

The respondents, including NEMA, the County Government of Kajiado, and conservation groups, argued that Kiliavo had failed to exhaust the legally prescribed avenues for redress and did not demonstrate any exceptional circumstances that would justify bypassing the appeal process.

Court of Appeal's Verdict

The Court of Appeal agreed with the lower court, finding that Judicial Review was not the appropriate remedy in this instance. It reiterated the legal principle that where an alternative statutory remedy exists, it must be pursued first unless exceptional reasons can be shown.

“By opting for Judicial Review instead of the statutory appeal process, the appellant flouted the procedural framework clearly set out under the EMCA,” the Court noted.

The Court added that while Judicial Review is now a constitutional remedy under Article 47 of the 2010 Constitution and the Fair Administrative Action Act, it is not a substitute for statutory appeals unless it can be shown that the alternative remedy is inadequate or unavailable—criteria Kiliavo failed to meet.

Implications

The ruling is a major win for environmental governance and land use planning, particularly in Kenya’s ecologically sensitive areas. It reaffirms the strength of the Amboseli Ecosystem Management Plan, which seeks to balance development with the conservation of critical wildlife migration corridors.

It also sends a strong message to developers that procedural compliance with environmental law and respect for conservation zoning are non-negotiable—no matter the scale of financial investment.

Kiliavo Fresh Limited has been ordered to bear the costs of the appeal.