Githae v Abby & 2 others (Miscellaneous Application E012 of 2024) [2025] KEELC 3296 (KLR)
The bottom line
#Kenya's Environment and Land Court at Kwale moved a Kshs 20 million-plus land dispute to its own court, confirming that property value determines where land cases are heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the lower court suit should be transferred to the Environment and Land Court at Kwale
The application was allowed; the court held transfer was in the interest of justice, the subject property being within the ELC Kwale's jurisdiction and its value exceeding the Magistracy's pecuniary jurisdiction.
The court set out the power of transfer under Section 18 of the Civil Procedure Act and the requirement that an applicant make out a strong case. Noting the subject properties (Kwale/Galu Kinondo/709, 2022 and 2023) lie in Kwale County, that their value exceeds Kshs 20,000,000/- beyond the Magistrates' pecuniary jurisdiction, and that allowing the suit to remain in the lower court would defeat the overriding objective by duplicating hearings, the court found transfer justified under Section 18(1)(b)(i), to be consolidated with the present suit.
Who should bear the costs of the Notice of Motion
Although costs follow the event, the court declined to award any costs.
The court reaffirmed that costs are discretionary and follow the event under Section 27(1) of the Civil Procedure Act, citing authority that the successful party is typically entitled to costs absent compelling reasons. It nonetheless exercised its discretion to make no order as to costs.
Legal principles established
#- The burden lies on an applicant seeking transfer of a suit to make out a strong case for the transfer.
- Where suits involve the same parties and subject matter, transfer and consolidation serve the overriding objective by avoiding a multiplicity of suits.
Court orders
#- 1.The Notice of Motion application dated 2nd October, 2024 be and is hereby found to have merit and is allowed.
- 2.An order issued transferring ELC Cause No. E001 of 2022 - Kwale, George Kamau Githae v Naima Hassan Abby, Kwale Land Registrar & Kwale Land Surveyor to the Environment and Land Court Kwale.
- 3.Mention on 30th June, 2025 for purposes of taking directions and fixing a hearing date.
- 4.There shall be no orders as to costs.
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 18 of the Civil Procedure Act, Cap 21; Articles 50, 159 and 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Githae v Abby & 2 others (Miscellaneous Application E012 of 2024) [2025] KEELC 3296 (KLR)", Case Analysis (2025). Notice of Motion application dated 2nd October, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3296/eng@2025-04-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.