https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3186
The court rejected the parties’ consent as an ineffective mode of transferring the magistrate’s court suit, but invoked its powers under section 18 of the Civil Procedure Act, guided by sections 1A and 1B, to withdraw the subordinate court suit and transfer it to the Environment and Land Court for hearing and final...
Source-derived case information.
- Citation
- [2026] KEELC 3186 (KLR)
- Parties
- Plaintiff: Raymond Karisa Ngumbao; Defendant: Margaret Adhiambo Onyango
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E050 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer/consolidation Directions
- Outcome
- Transfer allowed by court order; consent rejected; directions issued for consolidation management.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Adverse Possession, Transfer of Suits From Subordinate Court to ELC, Jurisdiction, Consolidation, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Karisa Ngumbao
Plaintiff
Margaret Adhiambo Onyango
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Transfer/consolidation Directions
Legal Issues
- 1 Whether a suit before the magistrate’s court can be transferred to the Environment and Land Court by consent of the parties
- 2 Whether the court should require a formal application before withdrawing and transferring the lower court suit
- 3 What orders were necessary to facilitate expedition and affordability of justice
Ratio Decidendi
The court rejected the parties’ consent as an ineffective mode of transferring the magistrate’s court suit, but invoked its powers under section 18 of the Civil Procedure Act, guided by sections 1A and 1B, to withdraw the subordinate court suit and transfer it to the Environment and Land Court for hearing and final disposal without insisting on a formal application.
Court Disposition
Transfer allowed by court order; consent rejected; directions issued for consolidation management.
Orders
- MCELC No ELC E120 of 2025 Margaret Adhiambo Onyango v Raymond Karisa Ngumbao is withdrawn from the Magistrate’s Court at Malindi and transferred to the Environment and Land Court, Malindi, for hearing and final disposal.
- Upon transfer, a separate file shall be opened and retained for that case in the ELC registry.
Full Case Text
Judgment text and source record
1 paragraphs
Ngumbao v Onyango (Miscellaneous Application E050 of 2025) [2026] KEELC 3186 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEELC 3186 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Miscellaneous Application E050 of 2025 FM Njoroge, J May 20, 2026 Between Raymond Karisa Ngumbao Plaintiff and Margaret Adhiambo Onyango Defendant Ruling 1.The Originating Summons dated 26th day of September 2025 is premised on the doctrine of adverse possession. It is disclosed therein that MCELC No ELC E120 of 2025 Margaret Adhiambo Onyango Versus Raymond Karisa Ngumbao exists, in which the defendant herein has sued the plaintiff herein for recovery of vacant possession. It is stated that the magistrate’s court lacks jurisdiction to hear and determine that lower court case hence the present Originating Summons. However, there is no application seeking orders of court for the transfer of the lower court matter, but only a consent dated 16th December 2025 between the parties herein, who appear to be by that consent transferring the lower court matter to this court. 2.Transfer of suits can not be by way of a consent. It is a matter reserved for the discretion of the court according to order a transfer. However, the terms of section 18(1)(b)(1) of the Civil Procedure Act do not require that there must be an application for the court to withdraw a suit from a subordinate court to itself for the purposes of trying or disposing of the same. 3.This court thus rejects that consent of the parties transferring the matter to it. 4.However, now that the existence of that suit has been brought to the attention of this court, for the purposes of expedition and affordability of justice envisaged in Section 1A and 1B of the Civil Procedure Act, this court will not order an application to be filed. In lieu thereof, this court issues orders as follows:a.The suit MCELC No ELC E120 of 2025 Margaret Adhiambo Onyango Versus Raymond Karisa Ngumbao is hereby withdrawn from the Magistrate’s Court at Malindi and transferred to the Environment and Land Court Malindi for hearing and final disposal;b.Upon transfer a separate file shall be commenced and retained for that case in the ELC registry;c.The said case once transferred and issued a new number at the Malindi ELC registry the same shall be brought up together with this file for a mention on 28/5/2026 for an order of consolidation to be made on the record after which directions as to hearing shall be issued.It is so ordered. DATED, SIGNED AND ISSUED AT MALINDI ON THIS 20TH MAY 2026. MWANGI NJOROGEJUDGE, ELC MALINDI.