Lydia Achieng Abura v Usonik Farm Purchase Co-Operative Society Limited [2014] KEELC 362 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that its jurisdiction is national, so land suits cannot be moved to a different town just because the property lies elsewhere.
What this practically means
#Executive summary
#Key legal issues
#Whether Section 12 of the Civil Procedure Act governs the territorial jurisdiction of the Environment and Land Court
It does not; Section 12 applies only to subordinate courts with local limits, whereas the ELC's jurisdiction is national.
The court reasoned that the ELC, being a superior court of record at par with the High Court, exercises national jurisdiction. Section 12 of the Civil Procedure Act addresses the local limits of subordinate courts and therefore has no application to the ELC. The court adopted the reasoning in the Machakos case cited by the plaintiff, where a similar objection was dismissed on the same basis.
Whether the location of the suit property in Nandi District, closer to Eldoret, warranted transfer of the suit
No; the defendant did not challenge the plaintiff's uncontroverted assertions that the property straddles Kisumu and Nandi and is nearer Kisumu, nor show any inconvenience or prejudice from hearing the suit at Kisumu.
The defendant's response was mute on the plaintiff's assertions that the 1000-acre property straddles two administrative areas and lies nearer Kisumu than Eldoret. Those points therefore stood unchallenged. The defendant also failed to demonstrate any inconvenience, disadvantage, ulterior motive, or undeserved advantage arising from the suit being heard at Kisumu. The objection consequently failed on both law and circumstances.
Legal principles established
#- The Environment and Land Court is a superior court of record whose jurisdiction is national, not local, and Section 12 of the Civil Procedure Act on suits relating to immovable property does not apply to it.
Court orders
#- 1.The preliminary objection dated 28/2/2014 and filed on 4/3/2014 is dismissed
- 2.Costs of the preliminary objection awarded to the plaintiff
- 3.Right of appeal granted as 14 days
- Jurisdiction invoked
- Environment and Land Court Act, 2011 (Section 19) read with the Civil Procedure Act (Cap 21); ELC as a superior court of record with national jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lydia Achieng Abura v Usonik Farm Purchase Co-Operative Society Limited [2014] KEELC 362 (KLR)", Case Analysis (2014). Not stated in judgment (HCC at Kisumu, Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/362/eng@2014-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.