https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9377

Muya v Ngethe (Civil Appeal E004 of 2025) [2026] KEHC 9377 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9377 (KLR) Republic of Kenya In the High Court at Garsen Civil Appeal E004 of 2025 JN Njagi, J June 30, 2026 Between Peter Muiruri Muya Appellant and Peter Njuguna Ngethe Respondent Ruling 1.The Respondent herein has filed a Notice of Preliminary Objection dated 17th November 2025 based on the ground that this court lacks jurisdiction to hear and determine the appeal herein. 2.The brief facts of the case are that the appellant herein was dissatisfied by the orders made by the magistrate`s court at Mpeketoni vide ELC Case No.E007 of 2023 and filed the instant appeal before this court vide a memorandum of appeal dated 16th August 2025. He at the same time filed an application of even date seeking to stay the decree of the trial court issued on 13th February 2023 and a ruling dated 13th August 2025. 3.This court declined to issue any ex parte orders in the matter as it was of the view that the matter concerned a dispute over land of which this court has no jurisdiction. The court gave the matter a mention date for the Appellant to address the court on the issue of jurisdiction. 4.The Appellant did not address the court on the issue but instead served the appeal and the application on the Respondent. The Respondent thereupon filed the aforementioned Notice of Preliminary Objection which is the subject of this ruling. The court gave directions for the Preliminary Objection to be disposed of by way of written submissions. Counsel for the Respondent complied with the directions of the court but counsel for the Appellant did not file any submissions. 5.Counsel for the Respondent submitted that by virtue of the provisions of section 13(4) of the Environment and Land Court Act, it is the Environment and Land Court that has jurisdiction to hear appeals from subordinate courts on disputes concerning land. 6.I have considered the grounds in support of the Preliminary Objection. It is clear that the matter at the subordinate court was filed as an Environment and Land Case No. E007 of 2024. The matter was therefore a dispute over land. By virtue of the provisions of Section 13(4) of the Environment and Land Court Act, it is the Environment and Land Court that has the jurisdiction to hear and determine appeals from subordinate courts on disputes concerning land. The appeal is therefore filed in a court without jurisdiction. 7.The upshot is therefore that the Preliminary Objection is upheld. The appeal herein is struck out with costs to the Respondent. DELIVERED, DATED AND SIGNED AT GARSEN THIS 30TH DAY OF JUNE 2026.J. N. NJAGIJUDGEIn the presence of:No appearance for ApplicantMr. Michira for RespondentCourt Assistant - Rahma