Hon. Attorney General on Behalf of the District Land Registrar, Kajiado v Bounty Gardens Limited & 2 others (Environment and Land Miscellaneous Application 2 of 2022) [2024] KEELC 1697 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a land-sale dispute because it was really a money-refund claim, which belongs in ordinary civil courts.
What this practically means
#Executive summary
#Key legal issues
#Whether the underlying suit, Kajiado CMCC No. 97 of 2019, was a civil or an environment and land matter
It was a civil matter because the plaint sought only refund of the purchase price and general damages, not environmental redress, use, occupation or title to the land
The court applied the Article 162(2) test, which confines ELC jurisdiction to four areas: environment, use of land, occupation of land, and title to land. Examining the plaint, it sought a refund of Ksh 8,319,434, general damages, costs and interest after a botched sale of Ngong/Ngong/2318. None of the four jurisdictional heads was engaged, so the suit fell outside the ELC's narrow jurisdiction despite being described as an ELC case.
Whether this court has jurisdiction to hear the applicant's application dated 2/6/2022
No; the court has no jurisdiction to entertain the matter
Since the underlying suit was civil rather than an environment and land cause, the intended appeal belongs to the High Court, not the ELC. Jurisdiction being foundational, once found lacking the court must down its tools. The objection also invoked abuse of process and res judicata, but the court disposed of the matter on jurisdiction alone.
Legal principles established
#- The ELC test under Article 162(2)(b) confines the court's jurisdiction to environment, use of land, occupation of land and title to land
- Whether a suit is an ELC matter is determined by the relief sought, not the label on the pleadings
Court orders
#- 1.The suit (Miscellaneous Application) is struck out for want of jurisdiction
- 2.Costs to the respondents
- Jurisdiction invoked
- Articles 162(2) and 165(5)(b) of the Constitution of Kenya 2010 as read with Section 13 of the Environment and Land Court Act (Act No. 19 of 2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hon. Attorney General on Behalf of the District Land Registrar, Kajiado v Bounty Gardens Limited & 2 others (Environment and Land Miscellaneous Application 2 of 2022) [2024] KEELC 1697 (KLR)", Case Analysis (2024). Not stated in judgment (application dated 2/6/2022, ruling on notice of preliminary objection dated 22/9/2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1697/eng@2024-04-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.