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ELCDismissedNot stated in judgment (ELC at Thika; Notice of Motion dated 2nd February 2021)· [2021] KEELC 1888 (KLR)

Madalina Wangui Machira v Mary Ngendo Macaharia & another [2021] KEELC 1888 (KLR)

Environment and Land Court
24 September 2021
1,840 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court cannot halt succession proceedings over land, so claims to a deceased's property must be raised in the right forum.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Madalina Wangui Wachira, moved the Environment and Land Court at Thika by Notice of Motion dated 2nd February 2021 seeking a stay of proceedings in Thika Principal Magistrate's Succession Cause No. 544 of 2015 (Estate of Samuel Macharia Njoroge, Deceased) and restraining orders against the estate Administrators. She claimed she bought the suit property, Ruiru East/Juja East Block 2/9190, from the deceased in 1994, took possession, developed it and has lived on it for over 25 years, holding the original title and completion documents, and that the Defendants fraudulently included the property in the estate exploiting her illiteracy and old age. The Defendants, through Mary Ngendo Macharia, denied the transaction, contended there was no valid agreement or Land Control Board Consent, that the deceased died before the subdivision creating the title, and that the Plaintiff herself fraudulently subdivided the deceased's property. The Court framed a single issue: whether the Application was merited. It held that the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act is confined to environment and land disputes; succession matters are outside that jurisdiction and belong to the High Court, so the Court could not stay the succession cause, following In re Estate of Late M'kuura Mukindia and Joseph Kaberia Kumari. Further, the Defendants were sued personally, not as Administrators, and orders could not issue against non-parties. The Notice of Motion was dismissed entirely with costs in the cause.

Key legal issues

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01

Jurisdiction of the ELC over succession causes

Holding

The ELC lacks jurisdiction to stay proceedings in a succession cause before a subordinate court

Reasoning

The Court traced its jurisdiction to Article 162(2)(b) and Section 13 of the ELC Act, which confine it to environment and land disputes. Although the ELC, being of equal status with the High Court, exercises supervisory powers over magistrates' courts, that supervision extends only to land matters. Succession and probate matters fall within the High Court's domain, so granting a stay of a succession cause would exceed the ELC's jurisdiction. The Court relied on In re Estate of Late M'kuura Mukindia and Joseph Kaberia Kumari v Tony Mwenda Muthaura.

p. 2
02

Whether orders could issue against the Administrators

Holding

No orders can issue against the Administrators as they are not parties to the suit

Reasoning

Although the Defendants acknowledged being Administrators of the estate, the Plaint sued them in their personal capacities, and the jurat confirmed this. Acting personally and as Administrators are distinct roles. Since the Application sought restraining orders against Administrators who were not before the Court, natural justice forbade granting relief against absent parties. Consequently the restraining prayer also failed.

p. 2

Legal principles established

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  • The Environment and Land Court has no jurisdiction to stay or otherwise interfere with proceedings in a succession cause; probate matters fall outside Article 162(2)(b) jurisdiction
  • A court cannot issue orders against parties who are not before it; the capacity in which a party is sued matters

Court orders

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  1. 1.The Notice of Motion Application dated 2nd February 2021 is dismissed entirely with costs being in the cause

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 162(2)(b)
  • Environment and Land Court ActSection 13

Cases cited (3)

  • In re Estate of Late M'kuura Mukindia (Deceased)
    [2021] eKLR
  • Joseph Kaberia Kumari v Tony Mwenda Muthaura
    [2021] eKLR
  • Isaac Kinyua & 3 others v Hellen Kaigongi
    [2018] eKLR
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act

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, "Madalina Wangui Machira v Mary Ngendo Macaharia & another [2021] KEELC 1888 (KLR)", Case Analysis (2021). Not stated in judgment (ELC at Thika; Notice of Motion dated 2nd February 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1888/eng@2021-09-24

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