[2025] KEHC 5411 (KLR)
The court determined that the dispute in question is a land matter, and under Article 162(2)(b) of the Constitution, jurisdiction over such matters is exclusively vested in the Environment and Land Court. Consequently, the High Court at Voi lacks jurisdiction to hear and determine the suit. The proper course is to...
Source-derived case information.
- Citation
- [2025] KEHC 5411 (KLR)
- Parties
- Applicant: Maghanga Mwangima; Applicant: Jonam Maghanga; Respondent: Fransiscar Chao Kalela
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E020 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- Application allowed; suit transferred to the Environment and Land Court.
- Judges
- AN Ongeri
- Legal Topics
- Jurisdiction of Elc, Transfer of Suit, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maghanga Mwangima
Applicant
Jonam Maghanga
Applicant
Fransiscar Chao Kalela
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the High Court at Voi has jurisdiction to hear and determine the land dispute in Wundanyi ELC Case No. E005 of 2024.
- 2 Whether the suit should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The court determined that the dispute in question is a land matter, and under Article 162(2)(b) of the Constitution, jurisdiction over such matters is exclusively vested in the Environment and Land Court. Consequently, the High Court at Voi lacks jurisdiction to hear and determine the suit. The proper course is to transfer the matter to the Environment and Land Court for disposal.
Court Disposition
Application allowed; suit transferred to the Environment and Land Court.
Orders
- The suit Wundanyi ELC Case No. E005 of 2024 is transferred to the Environment and Land Court for disposal.
- Mention on 13th May 2025 before the Deputy Registrar for a hearing date before the ELC Judge.
Full Case Text
Judgment text and source record
22 paragraphs
Mwangima & another v Kalela (Miscellaneous Application E020 of 2024) [2025] KEHC 5411 (KLR) (24 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5411 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E020 of 2024
AN Ongeri, J
April 24, 2025
Between
Maghanga Mwangima
1st Applicant
Jonam Maghanga
2nd Applicant
and
Fransiscar Chao Kalela
Respondent
Ruling
1. Upon perusing the plaint filed in Wundanyi ELC Case No. E005 of 2024 which the two Applicants are seeking to transfer to Voi Law Courts, I find that the same is a land case.
2. The jurisdiction to handle all land cases lies with the Environment and Land Court.
3. Article 162(2)(b) of the Constitution has established the ELC Court to handle disputes relating to environment, use, occupation and title to land.
4. This case is accordingly transferred to the ELC for disposal.
5. Mention on 13th May 2025 before the Deputy Registrar for a hearing date before the ELC Judge.
DATED, SIGNED AND DELIVERED THIS 24TH APRIL 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: MainaMr. Maghanga Mwangima the 1st Applicant present in personMr. Jonah Maghanga the 2nd Applicant present in personMr. Mutinda for the Respondent