Karanja & another v Kamau (Environment & Land Case 22 of 2023) [2025] KEELC 367 (KLR)
The bottom line
#The Environment and Land Court ruled it cannot halt a succession case—challenges to inheritance must go through the succession court itself.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC to stay proceedings and execution in a Succession Cause
The Environment and Land Court has no jurisdiction to stay proceedings or execution of orders in a Succession Cause; such grievances belong in the High Court exercising succession jurisdiction.
The court noted this is an Originating Summons for adverse possession before the ELC, whose mandate is established under Section 13 of the Land and Environment Court Act. The Succession Act provides procedures to challenge a succession cause - objections and applications for revocation or annulment of grants - and an aggrieved party seeking to stay succession proceedings should apply in the High Court. Each court must stick to its lane.
Principles for stay of proceedings pending appellate determination
The court set out the six principles in William Odhiambo Ramogi for stay of proceedings, but found they could not assist the Applicant where the court lacks jurisdiction.
Counsel cited the Ramogi six-principle test for stay of proceedings (pending appeal, arguable appeal, appeal rendered nugatory, exceptional circumstances, expeditious filing). The court reproduced the test but determined the threshold question was jurisdiction: the ELC cannot stay a succession matter, and the Applicant had alternative remedies under the Succession Act which were never pursued.
Legal principles established
#- Each court must stick to its lane and not encroach on the jurisdiction of another court
- A party dissatisfied with a Succession Cause has laid-down remedies under the Law of Succession Act: filing an objection, or applying for revocation or annulment of the grant
Court orders
#- 1.The Notice of Motion dated 7th August 2024 is dismissed with costs
- Jurisdiction invoked
- Environment and Land Court mandate under Section 13 of the Land and Environment Court Act; no jurisdiction found to stay proceedings in a Succession Cause
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Karanja & another v Kamau (Environment & Land Case 22 of 2023) [2025] KEELC 367 (KLR)", Case Analysis (2025). Notice of Motion dated 7th August 2024 (in an Originating Summons dated 23rd October 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/367/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.