[2025] KEELC 619 (KLR)
The court found that the suit parcel of land is located within the jurisdiction of the Tinderet Law Courts, and that the Environment and Land Court at Kapsabet lacks jurisdiction to hear the matter. The court relied on statutory provisions and constitutional principles to conclude that the suit should be transferred...
Source-derived case information.
- Citation
- [2025] KEELC 619 (KLR)
- Parties
- Applicant: Isaac Kipkosgei Choge; Respondent: Peter Kipkemboi; Respondent: Isaiah Kipchirchir
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E004 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed. Suit transferred to Principal Magistrate’s Court at Tinderet. Costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction of Court, Land Registration, Forum Conveniens
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Isaac Kipkosgei Choge
Applicant
Peter Kipkemboi
Respondent
Isaiah Kipchirchir
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Kapsabet has jurisdiction over the suit parcel of land Nandi/Kibisem/216.
- 2 Whether the suit should be transferred to the Principal Magistrate’s Court at Tinderet for hearing and determination.
Ratio Decidendi
The court found that the suit parcel of land is located within the jurisdiction of the Tinderet Law Courts, and that the Environment and Land Court at Kapsabet lacks jurisdiction to hear the matter. The court relied on statutory provisions and constitutional principles to conclude that the suit should be transferred to the appropriate court to ensure access to justice and efficient disposal of the case. The application for transfer was therefore merited and allowed.
Court Disposition
Application allowed. Suit transferred to Principal Magistrate’s Court at Tinderet. Costs in the cause.
Orders
- Kapsabet ELC No. 4 of 2023 (formerly Kapsabet CMELC No. E127 of 2021) Isaac Kipkosgei Choge v Peter Kipkemboi and Isaiah Kipchirchir is transferred to the Principal Magistrate’s Court at Tinderet for hearing and final determination.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
Choge v Kipkemboi & another (Environment and Land Miscellaneous Application E004 of 2025) [2025] KEELC 619 (KLR) (18 February 2025) (Ruling)
Neutral citation: [2025] KEELC 619 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment and Land Miscellaneous Application E004 of 2025
GMA Ongondo, J
February 18, 2025
Between
Isaac Kipkosgei Choge
Applicant
and
Peter Kipkemboi
1st Respondent
Isaiah Kipchirchir
2nd Respondent
Ruling
1. In the application by a Notice of motion dated 27th January 2025, the applicant through Cherono Jepkosgey and Company Advocates is seeking the orders infraa.That Kapsabet ELC No. 4 of 2023 Formerly Kapsabet CMELC No. E127 of 2021 Isaac Kipkosei Choge v Peter Kipkemboi and Isaiah Kipchirchir be transferred to the Principal Magistrate’s court at Tinderet for hearing and final determination.b.That costs be in the cause.
2. The application is founded upon eight grounds, inter alia;a.The suit parcel of land Nandi/Kibisem/216 is situated within jurisdiction of Tinderet Law Courts.b.The matter herein has been lying in court unattended to for over one year now since the court has no jurisdiction to handle the same.
3. Mr Kipkosgei Choge learned counsel for the respondent is in support of the application.
4. In that regard, is the application meritorious.
5. The instant claim relates to registration and occupation of the suit parcel of land.
6. The cause of action in the suit arose within the jurisdiction of Tinderet Law Courts.
7. This court is guided by, inter alia, sections 1A, 1B, 3, 3A, 5, 11, 15, 18 of the Civil Procedure Act Chapter 21 Laws of and more fundamentally, Articles 6 (3), 48 and 159 (2) (b) of the Constitution of Kenya 2010 herein.
8. In the foregone, the application is merited. The suit is hereby transferred as sought in the application as per paragraph 1 (a) and (b) hereinabove.
9. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 18TH DAY OF FEBRUARY 2025. GEORGE M A ONGONDOJUDGEPresent;Ms Koech learned counsel for the applicantMr Choge learned counsel for the respondent.