Ichwara v United National Savings & Credit Co-operative Society Limited & another (Environment and Land Appeal E041 of 2023) [2024] KEELC 1818 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear disputes about lenders selling charged land, dismissing a Sacco's attempt to move the case elsewhere.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over proceedings arising from a Co-operative Tribunal ruling concerning realization of security for a defaulted loan
The preliminary objection failed; the ELC has jurisdiction because the dispute involves enforcement of a charge over land under the Land Act, and the ELC has appellate jurisdiction over the Co-operatives Tribunal
The court accepted the dispute arose from a Kshs 10,000,000 loan secured by a charge over Nairobi/Block 139/99. Enforcement of the chargee's rights engages Sections 90, 96, 97 and 98 of the Land Act, matters which under Sections 128 and 150 fall within the ELC's jurisdiction. Although Section 81 of the Co-operative Societies Act routes appeals to the High Court, the ELC, being a superior court under Article 162(1) with appellate jurisdiction over tribunals including the Co-operatives Tribunal, was properly seized of the matter.
Legal principles established
#- A court's jurisdiction flows from the Constitution or legislation and cannot be expanded by judicial craft
- The High Court's jurisdiction over chargor/chargee disputes is triggered only where accounting issues arise in connection with the disposition of land
- Enforcement of a chargee's statutory powers of sale falls within the ELC's jurisdiction under the Land Act
- The ELC is a superior court of equal status to the High Court, created by the Constitution, with appellate jurisdiction over the Co-operatives Tribunal
Court orders
#- 1.The Preliminary Objection dated 17th November 2023 is dismissed
- 2.No orders as to costs
- On appeal from
- Co-operative Tribunal
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 21(1) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ichwara v United National Savings & Credit Co-operative Society Limited & another (Environment and Land Appeal E041 of 2023) [2024] KEELC 1818 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1818/eng@2024-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.