Kalume & another (Legal representatives of the Estate of the Late Moses Nyambu Mupe aka Mpe (Deceased)) v Kenya Electricity Transmission Co Ltd (Environment & Land Case E103 of 2022) [2024] KEELC 1682 (KLR)
The bottom line
#A Kenyan court refused to dismiss a land trespass suit on value grounds, confirming you cannot resolve jurisdiction disputes that require evidence through a preliminary objection.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC at Malindi lacks pecuniary jurisdiction because the defendant's valuation pegs the suit property at Kshs. 1,700,000/-, below the Kshs. 20,000,000/- Magistrates Court threshold
The preliminary objection fails because the value of the suit cannot be determined on the pleadings alone; the plaintiff's claims include non-liquidated claims (trespass damages, loss of user, demolition, compulsory acquisition) whose value can only be ascertained at trial
The court applied the Mukisa Biscuit and IEBC v Cheperenger tests: a preliminary objection must be a pure point of law argued on assumed facts. Here, assessing the net pecuniary value of mixed claims (compensation, trespass, demolition, compulsory acquisition) requires evidence. The defendant's valuation alone did not fix the value of the entire suit, so the objection could not dispose of the matter summarily.
Legal principles established
#- A preliminary objection must rest on a pure point of law and cannot be sustained where facts must be ascertained
- Where the pecuniary value of a suit cannot be ascertained from the pleadings without evidence, jurisdiction cannot be determined summarily on a preliminary objection
Court orders
#- 1.The Preliminary Objection dated 18th March 2022 is dismissed
- 2.Costs of the Preliminary Objection to the plaintiff
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act as envisaged by Article 162(2)(b) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalume & another (Legal representatives of the Estate of the Late Moses Nyambu Mupe aka Mpe (Deceased)) v Kenya Electricity Transmission Co Ltd (Environment & Land Case E103 of 2022) [2024] KEELC 1682 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1682/eng@2024-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.