The Environment and Land Court has dealt a stunning legal blow to oil giant TotalEnergies Marketing Kenya PLC, striking out its high-profile constitutional petition against former Labour Cabinet Secretary Samuel Kazungu Kambi over a disputed prime parcel of land in Nairobi.

In a ruling that underscores the rigid procedural distinctness of Kenya’s judicial system, Justice Kemei dismissed the suit not on its facts, but on its foundation. The court upheld a preliminary objection filed by Kambi and Riva Oils Limited, declaring that the multinational corporation had improperly invoked the court’s constitutional jurisdiction to settle what is, at its core, a civil land ownership tussle. The decision forces TotalEnergies back to the drawing board in its fight for the property formerly known as LR 209/19703.

The "Constitutional" Gamble

TotalEnergies, alongside Gapco Kenya Limited, had moved to court seeking to overturn the allocation of the land—now registered as Nairobi Block 58/067—to the former CS. The oil marketer argued that the transfer by the National Land Commission (NLC) and the Chief Land Registrar was not only irregular but a violation of their constitutional rights to property under Article 40.

However, Justice Kemei’s ruling serves as a stark reminder to corporate litigants: do not dress up a title deed dispute in constitutional robes. The judge noted that the issues raised—fraud, irregular allocation, and title validity—are matters of evidence and civil law, which must be tested through a full trial with witnesses, not summary constitutional petitions.

• The Respondents: The suit named the NLC, the Director of Survey, and the Attorney General, but the target was clear: Samuel Kazungu Kambi, a man whose political and business maneuvers have often kept him in the headlines.
• The Stakes: For TotalEnergies, this is more than just a plot of land; it represents a strategic asset in the competitive downstream oil market. Losing control of the site to a local competitor like Riva Oils could act as a chokehold on their logistics in the industrial area.

A Costly Delay

Legal analysts suggest this ruling is a tactical victory for Kambi. By forcing the case out of the constitutional division, the dispute now likely faces the lengthy backlog of the civil division. For a multinational craving certainty, this "restart" is a headache. For Kambi, it is bought time.

The court’s message was unequivocal: If you claim land theft, file a civil suit, pay the court fees, and bring your witnesses. The constitution is not a shortcut for corporate conveyancing wars.