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The court dismissed a preliminary objection, holding that limitation, alleged fraud, and land-control issues raised contested facts requiring trial evidence.
Nickson & 12 others v Speaker, Narok County Assembly & 13 others (the 2nd -14th Respondents are Sued Collectively as Members of the Narok County Assembly Committee on Selection) (Constitutional Petition E011 of 2026) [2026] KEHC 12081 (KLR) (31 July 2026) (Ruling)
The objection failed because it was anchored on contested facts about alleged political party resolutions and internal processes, so it did not satisfy the Mukisa Biscuit test. The court also held that the petition raises constitutional and statutory legality questions about acts of the Speaker and Committee on Selection, which fall within the High Court’s jurisdiction. The sub judice plea likewise could not succeed on a preliminary objection because it required evidentiary comparison of the two petitions.
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Obworo alias Samuel Omweri v Ojwando & 6 others (Environment and Land Appeal E011 of 2025) [2026] KEELC 5224 (KLR) (31 July 2026) (Judgment)
The trial court erred in upholding the preliminary objection because most of its grounds depended on contested facts and evidence, not pure points of law. On limitation, the Appellant pleaded fraud and stated that he discovered the alleged fraudulent transfer in 2018; applying section 26 of the Limitation of Actions Act, the suit filed in 2024 was within time. The preliminary objection was therefore wrongly allowed and the dismissal of the suit could not stand.
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Extreecon Engineering Company Ltd v Principal Secretary, State Department for Housing & Urban Development South Regional Office & 2 others (Commercial Miscellaneous Application E008 of 2026) [2026] KEHC 12332 (KLR) (30 July 2026) (Ruling)
Only the objection based on Section 10 and the arbitration clause was a proper preliminary objection, but it failed because Section 7 of the Arbitration Act expressly permits interim measures in aid of arbitration. Grounds alleging prematurity, non-disclosure, abuse of process, and lack of prima facie case were factual or discretionary matters and therefore did not satisfy the Mukisa Biscuit threshold. The entire preliminary objection was dismissed.
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Mbaruku (Suing as an administrator of the Estate of Ali Masudi Karoyo alias Ali Masudi Mbaruku) v County Land Registrar Kwale & 7 others (Environment and Land Case E121 of 2025) [2026] KEELC 5279 (KLR) (27 July 2026) (Ruling)
The preliminary objection failed because it depended on contested factual questions unsuitable for determination as a pure point of law. The court found the suit had abated only as against the deceased 4th defendant, not against the surviving defendants. It also held that res judicata and functus officio could not be conclusively invoked at the interlocutory stage because fraud, identity, prior proceedings, and the effect of the alleged consent required evidence. Since the applicant demonstrated a real risk of alienation of the subdivided parcels and raised an arguable case, inhibition was wa…
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Okongo v Okech & 5 others (Environment and Land Case E083 of 2025) [2026] KEELC 5066 (KLR) (23 July 2026) (Ruling)
The objection failed because the challenge to joinder and the alleged succession nexus depended on contested facts and evidence, not pure points of law. The suit, as pleaded, was principally an adverse possession and land-title dispute within the jurisdiction of the Environment and Land Court, and the mere reference to a deceased proprietor did not convert it into a succession cause.
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Mathonye (Suing as the administrator and legal representative of the Estate of Agai Aboka) v Nyaosi & 4 others (Environment and Land Appeal E064 of 2025) [2026] KEELC 4706 (KLR) (23 July 2026) (Judgment)
The appeal succeeded because the preliminary objection was not a proper preliminary objection: it required factual ascertainment of when the cause of action arose and when fraud was discovered. In any event, the plaint pleaded discovery of fraud in April 2024, so the suit was not demonstrably time-barred at the preliminary stage under section 26(b) of the Limitation of Actions Act.
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Pithom Investments Ltd v Rukema Investments & Construction Company Limited & 2 others (Environment and Land Case 101 of 2025) [2026] KEELC 4626 (KLR) (17 July 2026) (Ruling)
The dispute was not purely commercial because it involved lease-based possession of land, alleged trespass, eviction, and control of rental units on the suit property; those are matters squarely within the Environment and Land Court’s jurisdiction. Because the objection also depended on contested facts, it failed the Mukisa Biscuit test and was dismissed.
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Okumbe (Suing as the legal representative of the Estate of Albert Okumbe - Deceased) v Jamal & 2 others (Environment and Land Case E004 of 2026) [2026] KEELC 5145 (KLR) (16 July 2026) (Ruling)
The objection failed because it depended on contested facts about when the cause of action accrued, when the alleged fraud was discovered, and whether section 26 of the Limitation of Actions Act applied. Those matters required evidence and could not be resolved as a pure preliminary point of law. The court also held that the dispute fell within its land jurisdiction.
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Mwaura t/a Tripple Alpha Feeds v Gakumo (Small Claims Appeal E051 of 2025) [2026] KEHC 10444 (KLR) (Civ) (14 July 2026) (Judgment)
The Small Claims Court wrongly declined jurisdiction. On the pleadings alone, the Appellant’s claim was for recovery of money allegedly held and received by the Respondent on behalf of the Appellant under Section 12(1)(b) of the Small Claims Court Act, not an employment and labour relations dispute. The preliminary objection also depended on contested facts introduced by affidavit, so it could not properly be decided as a pure point of law.
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