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ELCPartially AllowedNakuru CMCC No. 51 of 2013 (transfer application)· [2018] KEELC 3954 (KLR)

Samuel Chege Njuguna v Isaac Mwangi Kariuki & another [2018] KEELC 3954 (KLR)

Environment and Land Court
31 January 2018
MOM.C. Oundo
801 words in judgment
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The bottom line

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Kenyan magistrates' courts can hear land disputes within their value limits, so not every land case needs the Environment and Land Court.

What this practically means

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Executive summary

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The Plaintiff/Applicant, by Notice of Motion dated 5th March 2014 brought under Order 51 of the Civil Procedure Rules and sections 1A, 1B, 3A and 18(1)(2) of the Civil Procedure Act, sought transfer of Nakuru CMCC No. 51 of 2013 to the Environment and Land Court. The underlying suit concerns Plot No. F. Jua Kali in Ol Kalou Township, which the plaintiff says he bought from the 2nd Defendant for Kshs 44,000 by agreement dated 2nd March 1989, only to discover the 2nd Defendant had sold it to the 1st Defendant, who attempted to evict him. The application, supported by an affidavit sworn by the plaintiff's counsel, was unopposed when it came up for hearing on 16th October 2017. Justice M.C. Oundo reasoned that Article 159(2)(d) of the Constitution, read with sections 1A and 1B of the Civil Procedure Act, enjoins courts to do substantive justice without undue regard to procedural technicalities. Applying the Court of Appeal's decision in Law Society of Kenya Nairobi Branch v Malindi Law Society on access to justice, the court held that magistrates' courts have jurisdiction over land matters within prescribed pecuniary limits. It allowed the application in part: the suit was transferred not to the ELC but to the Nyahururu Chief Magistrates' Court for hearing and determination, with each party bearing its own costs. Judgment dated and delivered at Nyahururu on 31st January 2018.

Key legal issues

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Whether the land dispute should be transferred from the Chief Magistrate's Court

Holding

The application was allowed but the suit was transferred to the Nyahururu Chief Magistrates' Court rather than the Land and Environment Court, to ensure efficiency and access to justice at reasonable cost

Reasoning

The court noted the suit involves a land ownership dispute over Plot No. F. Jua Kali in Ol Kalou Township. Relying on Article 159(2)(d) and sections 1A and 1B of the Civil Procedure Act, it held magistrates' courts have jurisdiction over land matters within pecuniary limits, and citing the Law Society of Kenya case on access to justice, found transfer to the Nyahururu magistrates' court best serves efficiency and access to justice at reasonable cost.

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Legal principles established

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  • Magistrates' courts have jurisdiction over matters relating to the environment, use and occupation of, as well as title to land, subject to prescribed pecuniary limits
  • Courts should do substantive justice without being shackled by procedural technicalities

Court orders

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  1. 1.Nakuru CMCC No. 51 of 2013 be transferred to the Nyahururu Chief Magistrates' Court for hearing and determination

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(a)(b)(c)(d), Article 6(3), Article 48
  • Civil Procedure ActSections 1A, 1B, 3A, 18(1)(2)
  • Civil Procedure Rules, 2010Order 51

Cases cited (1)

  • Law Society of Kenya Nairobi Branch vs. Malindi Law Society & 6 others
    [2017] eKLR
Jurisdiction invoked
Sections 1A, 1B, 3A and 18(1)(2) of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samuel Chege Njuguna v Isaac Mwangi Kariuki & another [2018] KEELC 3954 (KLR)", Case Analysis (2018). Nakuru CMCC No. 51 of 2013 (transfer application). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3954/eng@2018-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.