https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4978
The originating summons was filed by inadvertent error and the notice of motion could not independently survive because it was merely an interlocutory application anchored on that defective originating summons; given the mismatch between the pleaded reliefs and the procedural irregularities, the proper course was to...
Source-derived case information.
- Citation
- [2026] KEELC 4978 (KLR)
- Parties
- Applicant: Faith Nkirote Nchama; Respondent: Ayub Mwenda Kirimi
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E010 of 2026
- Procedural Posture
- Environment and Land Court Ruling on an Interlocutory Application Within an Originating Summons / Ruling on Interlocutory Application
- Outcome
- Originating summons and notice of motion struck out; no order as to costs.
- Judges
- ["BM Eboso"]
- Legal Topics
- Originating Summons, Interlocutory Application, Misfiling/error in Pleadings, Striking Out Pleadings, Minor's Property Interests, Joint Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Nkirote Nchama
Applicant
Ayub Mwenda Kirimi
Respondent
Procedural Posture
Environment and Land Court Ruling on an Interlocutory Application Within an Originating Summons / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the originating summons and accompanying notice of motion were properly before court despite filing errors
- 2 Whether the notice of motion could stand independently after the intended originating summons was wrongly uploaded
- 3 What the proper order was in light of the procedural anomaly and involvement of a minor
Ratio Decidendi
The originating summons was filed by inadvertent error and the notice of motion could not independently survive because it was merely an interlocutory application anchored on that defective originating summons; given the mismatch between the pleaded reliefs and the procedural irregularities, the proper course was to strike out both pleadings and leave the applicants to file a proper suit.
Court Disposition
Originating summons and notice of motion struck out; no order as to costs.
Orders
- The originating summons is struck out alongside the notice of motion.
- No orders as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **IN THE MATTER OF SANDRA MUTHONI (MINOR)** **ELCL (OS) CASE NO. E010 OF 2026** **FAITH NKIROTE NCHAMA........................................APPLICANT** **=VERSUS=** **AYUB MWENDA KIRIMI.........................................RESPONDENT** **RULING** **[EX-TEMPORE]** 1. What is before court is an interlocutory application dated 4/6/2026, brought within this originating summons. Through it, the applicants seek an order authorising the 1st applicant to dispose land parcel number **Abothuguchi/L. Kaongo/2594** which is registered in the joint names of the two applicants and the minor, **Sandra Muthoni**. The 1st applicant is the mother to the 2nd applicant. She is also the mother to the minor. 2. It has emerged during the hearing of the interlocutory application that, the originating summons was uploaded as an inadvertent error. It has also emerged that the registration of this suit as an originating summons was an inadvertent error because the applicants intended to register a miscellaneous application initiated vide the notice of motion dated 4/6/2026. 3. The court notes that the reliefs sought in the originating summons are quite different from the reliefs sought in the notice of motion. The notice of motion dated 4/6/2026 can, in the circumstances, not be deemed as disposing the originating summons. Secondly, if the originating summons were to be marked as withdrawn, there would be no basis for granting the orders sought in the notice of motion because the notice of motion is an interlocutory application anchored on the originating summons 4. In light of the above error and legal issues, and taking into account that these proceedings relate to a minor who in future may seek an explanation from the Government of the Republic of Kenya, the court takes the view that the proper order to issue is one striking out the originating summons alongside the notice of motion. The applicants will thereafter be at liberty to bring a proper suit for appropriate orders. 5. For the above reasons, this originating summons is struck out with no orders as to costs. It is so ordered. **DATED, SIGNED AND DELIVERED AT MERU THIS 21ST DAY OF JULY, 2026.** **B M EBOSO [MR]** **ELC JUDGE** **In the Presence of:** Ms Mukami for the Applicant Mr. E. Tupet – Court Assistant