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ELCDismissedNot stated in the judgment· [2025] KEELC 2890 (KLR)

Muia & 2 others v Nzyoka & 3 others (Being Sued as President, Treasurer and Secretary, (Administrator) of Betania Onlus Association); Kajiado County Government (Interested Party) (Environment & Land Case 108 of 2018) [2025] KEELC 2890 (KLR)

Environment and Land Court
27 March 2025
EOE. O. Obaga
2,190 words in judgment
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The bottom line

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Kenya's Environment and Land Court in Makueni kept a long-running Emali land case, ruling the nearest court—not the county where land is registered—controls venue.

What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 5th February 2025 in which the 2nd, 3rd and 4th Defendants sought transfer of the suit from the Makueni Environment and Land Court to the Kajiado Environment and Land Court, contending the court lacked geographical jurisdiction because the suit property is in Emali Township, was allocated by the former County Council of Ole Kejuado, attracts rates from the County Government of Kajiado, and the Applicants reside in Kajiado County. The Plaintiffs opposed, arguing the application was designed to delay a suit over 20 years old that had been filed in Machakos High Court and transferred to Makueni, that the transitional provisions of the ELC Act preserved the forum, and that Emali is on the Makueni-Kajiado border with roughly equal distance to either court. The Third Party supported the transfer, arguing the joinder of the Third Party admitted the property is in Kajiado. The court framed a single issue: whether it has jurisdiction. It held it has substantive jurisdiction under Section 13 of the ELC Act and that only territorial venue was in question. Applying Sections 12 and 15 of the Civil Procedure Act and Note 14 of the Chief Justice's Practice Directions (Gazette Notice No. 5178 of 25th July 2024) requiring suits to be filed in the nearest court to the suit property, the court found Emali closer to Makueni than to Kajiado and dismissed the application with costs to the Plaintiffs/Respondents.

Key legal issues

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Whether the Makueni Environment and Land Court lacks territorial/geographical jurisdiction over the suit

Holding

The court has both substantive and territorial jurisdiction; Makueni is the nearest court to Emali Township where the suit property lies, so the application for transfer fails.

Reasoning

The court distinguished want of substantive jurisdiction under the Owners of Motor Vessel Lillian 'S' line from questions of territorial venue. Substantive jurisdiction derives from Section 13 of the ELC Act. On venue, the Civil Procedure Act (Sections 12 and 15) and the Chief Justice's practice directions under Gazette Notice No. 5178 require filing in the nearest court to the suit property. Since Emali Township is closer to Makueni than to Kajiado, the court held it possesses territorial jurisdiction and dismissed the motion.

p. 5

Legal principles established

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  • Neither the Constitution nor the Environment and Land Court Act confines the hearing of cases to the county where the subject matter is situated; territorial jurisdiction is guided by the Civil Procedure Act and the Chief Justice's practice directions on the nearest court.
  • The ELC practice directions require suits to be filed in the nearest court within whose jurisdiction the suit property is situate, and that test favours the court where the property and convenience lie.

Court orders

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  1. 1.The Notice of Motion dated 5th February, 2025 seeking transfer of the suit to Kajiado Environment and Land Court is dismissed
  2. 2.Costs of the application to the Plaintiffs/Respondents
Jurisdiction invoked
Section 13 of the Environment and Land Court Act; Sections 12 and 15 and Section 18(1)(b) of the Civil Procedure Act; ELC Practice Directions, Gazette Notice No. 5178 of 25th July 2024

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, "Muia & 2 others v Nzyoka & 3 others (Being Sued as President, Treasurer and Secretary, (Administrator) of Betania Onlus Association); Kajiado County Government (Interested Party) (Environment & Land Case 108 of 2018) [2025] KEELC 2890 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2890/eng@2025-03-27

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