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ELCAllowedKilgoris CMELC No. E030 of 2024 (transfer application dated 15th December 2024)· [2025] KEELC 974 (KLR)

Sankale v Sakaja (Environment & Land Miscellaneous Case E011 of 2024) [2025] KEELC 974 (KLR)

Environment and Land Court
4 March 2025
MMM.N. Mwanyale
433 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenyan magistrates' courts cannot decide land adverse possession claims; such cases belong in the Environment and Land Court.

What this practically means

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Executive summary

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This was an unopposed Notice of Motion dated 15th December 2024 seeking transfer of Kilgoris CMELC No. E030 of 2024 between David Sankale and Francis Lerionka Sakaja to the Environment and Land Court at Kilgoris, on the ground that the magistrates' court lacks jurisdiction to hear and determine adverse possession claims, as recently held by the Court of Appeal in Pauline Chemuge Sugawara vs Nairuko Ene Mutarakwa Kiruti and others, Nairobi Civil Appeal No. E141/2022. The respondent filed no replying affidavit, grounds of opposition or submissions despite counsel's indication to the contrary on 18.02.2025, so the application was taken as unopposed. The court framed a sole issue: whether the application was merited. It noted the suit was filed on 23.04.2024, before the Court of Appeal's decision of 11th October 2024, at which time Ohungo J in Patrick Ndegwa Munyua vs Benjamin Kiiru Mwangi had held that magistrates with the requisite pecuniary jurisdiction could determine adverse possession matters. Since the law had since been settled by the Court of Appeal that magistrates' courts lack such jurisdiction, the court found merit in the transfer. The application was allowed and the suit transferred to Kilgoris ELC for hearing and determination, with no orders as to costs. Judgment was delivered at Kilgoris on 4th March 2025 by M.N. Mwanyale J.

Key legal issues

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Whether the magistrates' court has jurisdiction to hear adverse possession claims, justifying transfer of the suit to the ELC

Holding

The magistrates' court lacks jurisdiction over adverse possession claims following the Court of Appeal's decision in Pauline Sugawara delivered on 11th October 2024, so the pending suit must be transferred to the ELC.

Reasoning

The applicant sought transfer of a suit pending before the CM's court on the ground that magistrates' courts lack jurisdiction over adverse possession claims, as recently settled by the Court of Appeal. Although the suit had been filed in April 2024, when an ELC decision (Patrick Ndegwa Munyua) had upheld magistrates' jurisdiction, the law was settled to the contrary by the Court of Appeal on 11th October 2024. The application was unopposed, and the court found merit in transferring the suit.

p. 2

Legal principles established

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  • The Magistrates Court lacks jurisdiction to determine adverse possession claims, per the Court of Appeal in Pauline Chemuge Sugawara vs Nairuko Ene Mutarakwa Kiruti and others.

Court orders

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  1. 1.Kilgoris CMELC No. E030/2024 between David Sankale vs Francis Lerionka Sakaja be and is hereby transferred to Kilgoris ELC for hearing and determination
  2. 2.There shall be no orders as to costs

Authorities

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Cases cited (2)

  • Pauline Chemuge Sugawara vs Nairuko Ene Mutarakwa Kiruti and others
    Nairobi Civil Appeal No. E141/2022
  • Patrick Ndegwa Munyua vs. Benjamin Kiiru Mwangi and another
    2020 (eKLR)
Jurisdiction invoked
Court's supervisory and transfer powers over suits before the magistrates' court (transfer of Kilgoris CMELC No. E030 of 2024 to the ELC)

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, "Sankale v Sakaja (Environment & Land Miscellaneous Case E011 of 2024) [2025] KEELC 974 (KLR)", Case Analysis (2025). Kilgoris CMELC No. E030 of 2024 (transfer application dated 15th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/974/eng@2025-03-04

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