Julius K Kirui v Veronica Chelangat Kibanga [2017] KEELC 165 (KLR)
The bottom line
#A Kenyan court refused to undo a land case transfer, confirming magistrates' courts can now hear land disputes even when the original transfer order was flawed.
What this practically means
#Executive summary
#Key legal issues
#Whether an order made on a mention date when the matter was listed for mention only should be reviewed
Although the court ought not to have determined the substantive transfer application on a mention date without the parties' agreement, review is refused because the underlying legal objection has been overtaken by the change in jurisprudence confirming magistrates' courts' jurisdiction over land and environment disputes.
The court reviewed the proceedings of 23rd November 2016 and found the matter was listed for mention only; the transfer order arose after counsel holding brief erroneously stated no objection. The court accepted the Evans v Esso principle that mention dates should not be used to determine substantive issues. However, the applicant's objection rested on the argument that a suit filed in a court without jurisdiction cannot be transferred, a position negated by the Law Society of Kenya v Malindi Law Society decision. Accordingly, invoking section 3A, the court declined review as it would not serve the ends of justice.
Legal principles established
#- Where a matter is fixed for mention, the court ought not to determine the substantive issues unless the parties agree
- Parliament may confer jurisdiction on magistrates' courts to hear and determine cases relating to land and environment
Court orders
#- 1.The application for review of the order of Justice Sila Munyao dated 3rd November 2016 is declined
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act Cap 21; Order 20 Rule 2, Order 45 Rule 2, Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julius K Kirui v Veronica Chelangat Kibanga [2017] KEELC 165 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/165/eng@2017-12-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.