[2025] KEHC 10499 (KLR)

[2025] KEHC 10499 (KLR)

The court found that the dispute centered on ownership and title to land, specifically Land Parcel Reference Number Manga Settlement Scheme/277 and its subdivisions. The Constitution and the Environment and Land Court Act expressly reserve such matters for the exclusive jurisdiction of the Environment and Land Court. The High Court, by virtue of Article 165(5) of the Constitution, is precluded from hearing and determining disputes falling within the jurisdiction of courts established under Article 162(2), including the Environment and Land Court. The court emphasized that jurisdiction is foundational and cannot be assumed or conferred by the parties or the court itself. As the applicant's...

Citation
[2025] KEHC 10499 (KLR)
Parties
Applicant: Christopher Matara Onsongo; Respondent: Zacharia Onsongo; Respondent: Mary Mochumbe; Respondent: Ministry of Lands; Respondent: Land registrar, Nyamira County; Respondent: Attorney General; Respondent: Estate of the Late Jerush Nyatichi; Respondent: Settlement Fund Trustees
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Judgment Date
3 July 2025
Case Number
Petition E010 of 2024
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
Petition and application struck out for want of jurisdiction; preliminary objection upheld.
Judges
WA Okwany
Legal Topics
Jurisdiction of Courts, Environment and Land Court Mandate, Land Ownership Disputes, Preliminary Objection, Injunctive Relief
Source Language
English
Land and Property Civil Procedure Jurisdiction of Courts Environment and Land Court Mandate Land Ownership Disputes Preliminary Objection Injunctive Relief

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Christopher Matara Onsongo

Applicant

Zacharia Onsongo

Respondent

Mary Mochumbe

Respondent

Ministry of Lands

Respondent

Land registrar, Nyamira County

Respondent

Attorney General

Respondent

Estate of the Late Jerush Nyatichi

Respondent

Settlement Fund Trustees

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear and determine disputes relating to ownership and title to land in light of Article 162(2)(b) of the Constitution.
  2. 2 Whether the Preliminary Objection challenging jurisdiction is merited.

Ratio Decidendi

The court found that the dispute centered on ownership and title to land, specifically Land Parcel Reference Number Manga Settlement Scheme/277 and its subdivisions. The Constitution and the Environment and Land Court Act expressly reserve such matters for the exclusive jurisdiction of the Environment and Land Court. The High Court, by virtue of Article 165(5) of the Constitution, is precluded from hearing and determining disputes falling within the jurisdiction of courts established under Article 162(2), including the Environment and Land Court. The court emphasized that jurisdiction is foundational and cannot be assumed or conferred by the parties or the court itself. As the applicant's...

Court Disposition

Petition and application struck out for want of jurisdiction; preliminary objection upheld.

Orders

  • The preliminary objection is upheld.
  • The petition and application are struck out for want of jurisdiction.