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Hombe v Njau [2025] KEHC 10703 (KLR)
The High Court at Nyeri held it lacked jurisdiction over a land-occupation dispute and directed that the file be transferred to the Environment and Land Court.
Wafula (Suing as the Attorney of Dismus Wanjala Wochuna) v Murunga & 6 others [2025] KEELC 5410 (KLR)
The court held that it could not grant the orders sought by the applicant because the original court file had been formally transferred to the Environment and Land Court at Kisumu, and there was no official communication confirming its loss or unavailability. The transfer of a suit between courts must follow statutory and procedural requirements, including a formal application and notice to all parties. Entertaining the application in a holding file would risk parallel proceedings and offend the doctrine of sub judice. The applicant had not demonstrated compliance with the proper procedure fo…
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Kithu & 8 others v Kithu & 2 others [2025] KEELC 5305 (KLR)
The court found that the preliminary objection did not raise a pure point of law because determining the parties' residences would require evidence. However, it was undisputed that the suit property is located in Mariakani, Kilifi County, and by operation of section 12(a) of the Civil Procedure Act, the suit ought to have been filed in ELC Malindi. Both ELC Mombasa and ELC Malindi have jurisdiction, but to comply with statutory requirements, the suit should be transferred to ELC Malindi. The court rejected dismissal or striking out, instead ordering transfer. Costs of the preliminary objectio…
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Wairimu & another v Ajwala [2025] KEHC 10127 (KLR)
The court found that the applicants had complied with the requirements of Section 18 of the Civil Procedure Act by initiating the transfer process before the Ruiru court issued its directions. The application was not belated, as the process of transfer had already commenced prior to the Ruiru court's ruling. The subject property and transaction were both within Thika's jurisdiction, and the respondent did not dispute these facts. The court held that the applicants had made out a sufficient case for transfer, and that the conditions set by the Ruiru court could not apply retrospectively to an…
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Oliech & another v Peter Engineering Ltd & another [2025] KEHC 9877 (KLR)
The High Court at Kisumu transferred a civil suit from Maseno Law Courts to Kombewa Law Courts under section 18 of the Civil Procedure Act to advance access to justice.
CNK v LLL [2025] KEHC 9810 (KLR)
The High Court allowed a family appeal, holding that territorial jurisdiction turned on where the cause of action arose and that the preliminary objection should not have been upheld.
Makobo v Inspector General of Police & 3 others [2025] KEHC 9471 (KLR)
The High Court at Thika transferred a constitutional petition to Machakos High Court, holding that territorial jurisdiction lay where the cause of action and land subject matter were situated.
Itinga & 2 others v Itinga [2025] KEELC 4956 (KLR)
The Environment and Land Court declined to transfer a suit to the Chief Magistrate’s Court, holding that an adverse possession claim kept jurisdiction with the ELC.
JJW v GNW [2025] KEHC 9777 (KLR)
The court found that the applicant's physical incapacity and age did not justify the transfer of the Divorce Cause from Nairobi to Bungoma, as virtual court proceedings are available and have been used by the applicant. The application was deemed to be motivated by an intent to delay the proceedings rather than genuine hardship, especially since the Divorce Cause was already part-heard and the applicant had previously admitted the marriage had irretrievably broken down. The court emphasized that the balance of convenience, efficient use of judicial resources, and the overriding objective of t…
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Terracraft (K) Ltd v County Government of Tharaka Nithi [2025] KEHC 10664 (KLR)
The court found that while the High Court has unlimited original jurisdiction under Article 165 of the Constitution, the principles of territorial jurisdiction and access to justice require that suits generally be heard where the subject matter is situated or where the cause of action arose. Sections 12, 15, and 18 of the Civil Procedure Act, though primarily applicable to subordinate courts, reflect the broader principle that justice should be administered locally to promote efficiency, reduce expense, and serve the interests of devolved governance. The court held that the respondent had est…
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