Isaac v Onyango (Miscellaneous Application E024 of 2026) [2026] KEHC 4914 (KLR) (Constitutional and Human Rights) (14 April 2026) (Ruling)
The High Court lacks jurisdiction to determine disputes relating to land use and occupation, which are reserved for the Environment and Land Court under Article 162(2)(b) and Article 165(5)(b) of the Constitution. The notice of motion is fatally incompetent for want of jurisdiction.
- Citation
- [2026] KEHC 4914 (KLR)
- Parties
- Petitioner: Peter Maina Isaac; Respondent: Salvanus Onyango
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 14 April 2026
- Case Number
- Miscellaneous Application E024 of 2026
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- notice of motion struck out for want of jurisdiction
- Legal Topics
- Jurisdiction, Injunction, Trespass, Right to Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Maina Isaac
Petitioner
Salvanus Onyango
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 whether the High Court has jurisdiction to entertain a land-related dispute without a substantive petition
- 2 whether the notice of motion is competent
Ratio Decidendi
The High Court lacks jurisdiction to determine disputes relating to land use and occupation, which are reserved for the Environment and Land Court under Article 162(2)(b) and Article 165(5)(b) of the Constitution. The notice of motion is fatally incompetent for want of jurisdiction.
Court Disposition
notice of motion struck out for want of jurisdiction
Orders
- notice of motion dated 13/4/2026 struck out
- no orders as to costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment