[2025] KEHC 5066 (KLR)
The High Court lacks jurisdiction to entertain the application for leave to appeal out of time and the intended appeal, as the underlying matter is a land dispute determined by the Magistrate's Court. Such matters fall within the exclusive jurisdiction of the Environment and Land Court (ELC) as established by...
Source-derived case information.
- Citation
- [2025] KEHC 5066 (KLR)
- Parties
- Applicant: Christopher Kangethe Kigwe; Respondent: Anne Nyambura Kirori
- Court
- High Court
- Court Station
- High Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E231 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application dismissed for want of jurisdiction; file transferred to Thika ELC.
- Judges
- FN Muchemi
- Legal Topics
- Jurisdiction of Court, Leave to Appeal Out of Time, Stay of Execution, Transfer of Proceedings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kangethe Kigwe
Applicant
Anne Nyambura Kirori
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application for leave to appeal out of time in a land matter determined by the Magistrate's Court.
- 2 Whether the application and intended appeal should be heard by the Environment and Land Court (ELC) instead of the High Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain the application for leave to appeal out of time and the intended appeal, as the underlying matter is a land dispute determined by the Magistrate's Court. Such matters fall within the exclusive jurisdiction of the Environment and Land Court (ELC) as established by statute and the Constitution. Consequently, the application and the appeal must be transferred to the Thika ELC for determination. The court's decision is guided by the need to ensure that matters are heard by the appropriate forum with the requisite jurisdiction.
Court Disposition
Application dismissed for want of jurisdiction; file transferred to Thika ELC.
Orders
- This file is forwarded to Thika ELC for disposal of this application and the intended appeal in the event that the application for extension of time shall be successful.
- Mention before the Presiding Judge Thika ELC Court for further orders on 06/05/2025.
Full Case Text
Judgment text and source record
21 paragraphs
Kigwe v Kirori (Civil Appeal E231 of 2023) [2025] KEHC 5066 (KLR) (25 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5066 (KLR)
Republic of Kenya
In the High Court at Thika
Civil Appeal E231 of 2023
FN Muchemi, J
April 25, 2025
Between
Christopher Kangethe Kigwe
Applicant
and
Anne Nyambura Kirori
Respondent
Ruling
Brief Facts 1. The application dated 17th August 2023 seeks for orders of leave to file an appeal out of time against the ruling in Thika Chief Magistrate’s Court MCELC Case No. 72 of 2008 delivered on 18th October 2022. The applicant further seeks for orders of stay of execution of the said ruling.
2. The respondent said he filed a Replying Affidavit dated 5th October 2023. The court checked in the court file and in the e-filing portal but found no replying affidavit.
3. As the court proceeded to prepare the ruling of this application, it was noted that this application originated from a land matter heard and determined in Thika by Hon. Atambo. This is CM MCELC No.72 if 2008 where the impugned ruling was delivered on 18/10/2022, An appeal from a land matter determined by the Magistrate’s Court whereas the mater involved land, ought to be filed in the Thika ELC Court and not in the High Court. The same case applies to an application to file an appeal of time.
4. Consequently, I find that this court has no jurisdiction to deal with this application and with the intended appeal.
5. Bearing in mind that the applicant filed this appeal on 9th August 2023 in Kiambu High Court and that the record of appeal has been filed herein as well as the fact that this application is dated 17th August 2023 and had been in the court shelves for about two years, I hereby make the following orders: -a.That this file is forwarded to Thika ELC for disposal of this application and the intended appeal in the event that the application for extension of time shall be successful.b.Mention before the Presiding Judge Thika ELC Court for further orders on 06/05/2025.
6. It is hereby so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT THIKA THIS 25TH DAY OF APRIL 2025. F. MUCHEMIJUDGE