Kunah v Ever Green Tea Factory Ltd (Environment and Land Miscellaneous Application E017 of 2024) [2025] KEELC 1100 (KLR)
The bottom line
#A Kenyan court cannot rescue a case filed in the wrong court by transferring it — such a suit is a nullity and dies.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC can transfer under Section 18 of the Civil Procedure Act a suit filed in a magistrate's court lacking pecuniary jurisdiction
Transfer was refused because the suit was filed in a court without jurisdiction and is therefore a nullity incapable of being transferred
The court found that the plaint particularised loss of Kshs. 18,000,000, exceeding the Kshs. 15,000,000 pecuniary jurisdiction of a Senior Principal Magistrate, the highest-ranking judicial officer at Sotik. Relying on Oceanic Towers and Equity Bank v Bruce Mutie Mutuku, the court held that a suit filed without jurisdiction is a nullity and cannot be sanctified by transfer under Section 18.
Legal principles established
#- A suit filed in a court without jurisdiction is a nullity and cannot be transferred under Section 18 of the Civil Procedure Act to a competent court
Court orders
#- 1.The Notice of Motion application dated 7th June 2024 is dismissed with costs to the Respondent
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya and Sections 1A, 1B & 18 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kunah v Ever Green Tea Factory Ltd (Environment and Land Miscellaneous Application E017 of 2024) [2025] KEELC 1100 (KLR)", Case Analysis (2025). ELC Case No. E001 of 2021 (transfer application dated 7th June 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1100/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.