https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4326
The court found that the suit property and the land pleaded by the plaintiffs are both located in Kiambu County, not Nairobi, so the Nairobi Environment and Land Court lacked territorial jurisdiction. The proper court was Limuru ELC, and the file had to be transferred there for hearing and determination.
Source-derived case information.
- Citation
- [2026] KEELC 4326 (KLR)
- Parties
- 1st Plaintiff: Juliette Mugambi; 2nd Plaintiff: Mugambi Mwendwa; Defendant: Summerville Properties Limited
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E432 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion Dated 28th January 2026
- Outcome
- The file was transferred to Limuru ELC for hearing and determination on a priority basis.
- Judges
- ["CG Mbogo"]
- Legal Topics
- Territorial Jurisdiction, Transfer of Suit, Venue Based on Location of Subject Property, Priority Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliette Mugambi
1st Plaintiff
Mugambi Mwendwa
2nd Plaintiff
Summerville Properties Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion Dated 28th January 2026
Legal Issues
- 1 Whether the Environment and Land Court at Nairobi had territorial jurisdiction to hear and determine the suit and application
- 2 Which court was the proper forum for the dispute
- 3 Whether the file should be transferred to the court with territorial jurisdiction
Ratio Decidendi
The court found that the suit property and the land pleaded by the plaintiffs are both located in Kiambu County, not Nairobi, so the Nairobi Environment and Land Court lacked territorial jurisdiction. The proper court was Limuru ELC, and the file had to be transferred there for hearing and determination.
Court Disposition
The file was transferred to Limuru ELC for hearing and determination on a priority basis.
Orders
- The file is transferred to Limuru ELC forthwith.
- The matter shall be placed before the presiding judge on 30th July 2026 for further directions.
Full Case Text
Judgment text and source record
1 paragraphs
Mugambi & another v Summerville Properties Limited (Environment and Land Case E432 of 2024) [2026] KEELC 4326 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEELC 4326 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Case E432 of 2024 CG Mbogo, J July 9, 2026 Between Juliette Mugambi 1st Plaintiff Mugambi Mwendwa 2nd Plaintiff and Summerville Properties Limited Defendant Ruling 1.When I retired to write the ruling in this matter with regard to the notice of motion dated 28th January, 2026, I noted that this court lacks territorial jurisdiction to hear and determine this suit for the following reason,i.The suit property being LR no. 28428/80 allegedly owned by the defendant/respondent is located in Kiambu county as contained in the defendant’s witness statement dated 7th January, 2025.ii.The plaintiff/applicants pleaded that they are proprietors of land known as plot no. 12825/196 in Thindigua, Kiambu County. 2.Therefore, the appropriate court with the requisite jurisdiction to hear and determine the suit as well as the instant application is Limuru ELC. 3.From the foregoing, this file is hereby transferred to Limuru ELC forthwith for hearing and determination on a priority basis. The same to be placed before the presiding judge on 30th July, 2026 for further directions. The deputy registrar of this court to ensure compliance with these orders.It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 9TH DAY OF JULY, 2026.HON. MBOGO C.G.JUDGE09/07/2026.In the presence of:Ms. Benson Agunga - Court assistantMr. Ochieng appearing alongside Mr. Mbakaya for the DefendantNo appearance for the Plaintiff