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Kenya decisions
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Cheriro v Kimeto [2025] KEHC 10240 (KLR)
The High Court dismissed an injunction application in a succession appeal, holding that the dispute over subdivided estate land should be pursued in the Environment and Land Court.
Ali v Ashioya [2025] KEHC 9827 (KLR)
The High Court struck out an appeal over rent and land use, holding that it lacked jurisdiction because such appeals lie to the Environment and Land Court.
Spikas Beach Gardens v Ng’ang’a & 4 others [2025] KEHC 9449 (KLR)
The High Court held that the Small Claims Court lacked jurisdiction over a dispute about alleged storm-water damage to land and premises, and struck out the claim.
Kinyanjui v Land Registrar & 4 others [2025] KEHC 8405 (KLR)
The High Court determined that it lacked jurisdiction to transfer the suit from the Magistrate ELC Court to another court because such jurisdiction is exclusively vested in the Environment and Land Court under Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act. The application for transfer should have been filed before the Environment and Land Court, not the High Court. Consequently, the court struck out the application for want of jurisdiction, following the principle that a court must down its tools when it finds it lacks jurisdiction, as established…
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Biwott & another v Amin; Tanui (Interested Party) [2025] KEELC 3391 (KLR)
The court held that the Magistrate's Court lacked jurisdiction to entertain claims for adverse possession at the time the suit was filed, as such jurisdiction is exclusively vested in the Environment and Land Court by statute. The Court of Appeal decision did not divest the magistrate's court of jurisdiction, but rather clarified that such jurisdiction never existed. Since a suit filed in a court without jurisdiction is a nullity, there is no competent suit capable of being transferred under Section 18 of the Civil Procedure Act. The application to transfer the suit was therefore without meri…
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Kenya Power and Lighting Company Limited v Ngoko [2025] KEHC 4577 (KLR)
The High Court struck out the appeal for want of jurisdiction, holding that the dispute over alleged trespass and tree damage on land belonged in the Environment and Land Court.
Shabure v Kenya Airports Authority & another [2025] KEHC 4162 (KLR)
The High Court lacks jurisdiction to enforce a decree of the Environment and Land Court; such enforcement must be pursued within the mechanisms provided by the Environment and Land Court Act and the Civil Procedure Act.
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Mungai v Ngugi & another [2025] KEELC 2966 (KLR)
The appeal was filed six months after the date of the ruling being appealed against, which is outside the mandatory thirty-day statutory period for filing appeals from subordinate courts without obtaining leave of the court. Therefore, the appeal is time-barred.
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Mburu v Ruiru Sub-County Land Registrar [2025] KEHC 2974 (KLR)
The High Court at Thika upheld a preliminary objection, finding the judicial review application concerned a land dispute within the Environment and Land Court’s jurisdiction.
Kenya National Highway Authority v Pandya (Suing as the legal administrator of the Estate of Latitchandra Durgashanker Pandya) ((Suing as the legal administrator of the Estate of Latitchandra Durgashanker Pandya)) [2025] KECA 287 (KLR)
The High Court at Mombasa, Constitutional and Human Rights Division, lacked the requisite jurisdiction to hear and determine the Petition because the central issues involved the determination of title to land and the validity of a compulsory acquisition, which are matters exclusively reserved for the Environment and Land Court under Article 162(2)(b) and 165(5) of the Constitution and Section 13 of the Environment and Land Court Act.
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