[2025] KEELC 3501 (KLR)
The court determined that the issue of jurisdiction is central and dispositive, and that it must be addressed before any judgment on the merits can be rendered. Since neither party had addressed the question of whether the Environment and Land Court has jurisdiction over the subject matter of the appeal, the court...
Source-derived case information.
- Citation
- [2025] KEELC 3501 (KLR)
- Parties
- Appellant: Agricultural Finance Corporation; Respondent: Samuel Kipampi Oruma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E004 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Jurisdictional Issue Prior to Judgment
- Outcome
- Judgment on the appeal is suspended pending further submissions on jurisdiction.
- Judges
- MD Mwangi
- Legal Topics
- Jurisdiction of Court, Appellate Jurisdiction, Loan Waiver Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agricultural Finance Corporation
Appellant
Samuel Kipampi Oruma
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Jurisdictional Issue Prior to Judgment
Legal Issues
- 1 Does the Environment and Land Court have jurisdiction to entertain the present appeal.
- 2 Was the original suit before the Chief Magistrate's Environment and Land Court properly classified as a land and environment case.
- 3 What is the effect of jurisdictional defects on the proceedings and any resulting orders.
Ratio Decidendi
The court determined that the issue of jurisdiction is central and dispositive, and that it must be addressed before any judgment on the merits can be rendered. Since neither party had addressed the question of whether the Environment and Land Court has jurisdiction over the subject matter of the appeal, the court found it necessary to suspend judgment and direct the parties to file further submissions specifically on the jurisdictional issue. The court emphasized that jurisdiction is foundational and cannot be conferred by consent or waiver, and that any proceedings conducted without jurisdiction are null and void. The court thus arrested the delivery of judgment and set timelines for...
Court Disposition
Judgment on the appeal is suspended pending further submissions on jurisdiction.
Orders
- The judgment of the court is temporarily arrested pending the filing of further submissions by the parties on the issue of jurisdiction.
- The appellant shall file and serve its further submissions on jurisdiction within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Agricultural Finance Corporation v Oruma (Environment and Land Appeal E004 of 2022) [2025] KEELC 3501 (KLR) (30 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3501 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Appeal E004 of 2022
MD Mwangi, J
April 30, 2025
Between
Agricultural Finance Corporation
Appellant
and
Samuel Kipampi Oruma
Respondent
Ruling
1. This matter is pending judgment on the appeal against the judgment of the subordinate court delivered in Kajiado MCELC E018/2021 on 14th December 2021. In the course of writing the judgment and upon analysis of the proceedings before the subordinate court, the question whether this court has the jurisdiction to entertain the appeal presents itself prominently.
2. The same question may be asked of the Environment and Land division of the Chief Magistrate’s court. Was this a land and environment case?
3. The dominant issue as correctly identified by the trial court was whether the Respondent who was the Plaintiff in the case was entitled to benefit from the presidential directive on waiver of loans owed to the Appellant Corporation.
4. Having carefully read through the submissions by the parties, none of them has addressed the issue of the jurisdiction of this court.
5. I cannot over-emphasize the centrality of the issue of jurisdiction in any proceedings. The case of Said Bin Seif –vs- Shariff Mohammed Shatry (1940) 19 )(1) KLR, epigrammatically captures the issue of jurisdiction. Lucie –Smith J in the said case stated that,“If a court has no jurisdiction over the subject matter of the litigation, its judgment and orders however precisely certain and technically correct are mere nullities, and not only voidable; they are void and have no effect either as estoppel or otherwise, and may not only be set aside at any time by the court in which they are rendered, but shall be declared void by every court in which they may be presented. It is well established in law that jurisdiction cannot be conferred on a court by consent of parties and any waiver on their part cannot make up for lack or defect of jurisdiction. That being so, the point of jurisdiction may be properly taken in an appellate court and decided there even if it was not raised at the original trial.”
6. Having carefully considered the magnitude of the issue, I find it prudent to pause my writing of the judgment and allow the parties an opportunity to address me on the issue of jurisdiction and its effect on this appeal and the original suit, before making any final determination.
7. Accordingly, the judgement of this court is temporarily arrested pending the filing of further submissions by the parties on the issue of jurisdiction. I will allow each of the parties fourteen (14) days to file and serve their written submissions on the issue of jurisdiction only beginning with the Appellant who shall file and serve its further submissions in 14 days from the date of this ruling. The Respondent shall have 14 days too after service of the Appellant’s submissions to file and serve his further submissions.It is so ordered.
DATED SIGNED AND DELIVERED AT KAJIADO VIRTUALLY THIS 30TH DAY OF APRIL 2025. M.D. MWANGIJUDGEIn the virtual presence of:Mr. Kipkirui h/b for Ms. Kisiriet for the RespondentN/A by the AppellantCourt Assistant: Mpoye