[2025] KEHC 5128 (KLR)

[2025] KEHC 5128 (KLR)

The High Court determined that it possesses appellate jurisdiction to hear appeals from the Kadhi's Court, as expressly provided by Section 65(1)(c) of the Civil Procedure Act and Rule 86(1) of the Kadhis' Courts (Procedure and Practice) Rules. The Court clarified that the limitation of jurisdiction under Article 165(5) of the Constitution applies only to the High Court's original jurisdiction and not to its appellate jurisdiction. Since the present matter is an appeal from the Kadhi's Court, the subject matter does not oust the High Court's jurisdiction in favour of the Environment and Land Court. The preliminary objection, which challenged the High Court's jurisdiction on the basis of...

Citation
[2025] KEHC 5128 (KLR)
Parties
Appellant: Irene Delina Kenga Masoud; Respondent: Pamella Gakenia Miriti
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Civil Appeal 40 of 2023
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Judges
M Thande
Legal Topics
Appellate Jurisdiction, Kadhi Court Appeals, Preliminary Objection, Court Jurisdiction
Source Language
English
Civil Procedure Family and Children Appellate Jurisdiction Kadhi Court Appeals Preliminary Objection Court Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Irene Delina Kenga Masoud

Appellant

Pamella Gakenia Miriti

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an appeal from the Kadhi's Court in matters involving land and succession.
  2. 2 Whether the subject matter of the appeal falls within the exclusive jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution.
  3. 3 Whether the preliminary objection challenging the High Court's jurisdiction is merited.

Ratio Decidendi

The High Court determined that it possesses appellate jurisdiction to hear appeals from the Kadhi's Court, as expressly provided by Section 65(1)(c) of the Civil Procedure Act and Rule 86(1) of the Kadhis' Courts (Procedure and Practice) Rules. The Court clarified that the limitation of jurisdiction under Article 165(5) of the Constitution applies only to the High Court's original jurisdiction and not to its appellate jurisdiction. Since the present matter is an appeal from the Kadhi's Court, the subject matter does not oust the High Court's jurisdiction in favour of the Environment and Land Court. The preliminary objection, which challenged the High Court's jurisdiction on the basis of...

Court Disposition

preliminary objection dismissed

Orders

  • The Preliminary Objection dated 21.6.24 is dismissed.
  • Costs awarded to the Appellant.