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ELCPartially AllowedNotice of Motion dated 24th February 2025 in the suit at Thika (Environment and Land Court)· [2025] KEELC 3420 (KLR)

Kamicha & 7 others v Del Monte Kenya Limited; Directorate of Criminal Services & 2 others (Interested Parties) (Environment & Land Case E044 of 2024) [2025] KEELC 3420 (KLR)

Environment and Land Court
29 April 2025
JOJ. M Onyango
4,061 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court transferred this land dispute to Murang'a, ruling the ELC has nationwide jurisdiction but suits should be filed where the land is located.

What this practically means

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Executive summary

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By a Notice of Motion dated 24th February 2025, the Defendant/Applicant, through its Legal Officer Harry Odondi, sought stay and setting aside of interim orders issued by Onyango J on 6th/10th February 2025, injunctions restraining the Plaintiffs from quarrying and other operations on Land Reference Number 12157/10 in Ithanga-Kakuzi Sub-County, an environmental preservation order, cross-examination of the Plaintiffs' process server (Amos Chege Kanoga), transfer of the suit to the ELC at Murang'a, and costs. The Defendant claimed registered ownership since 1973 with a lease renewal in 2022, and asserted non-service of pleadings, the substituted service advert being defective. The Respondents opposed, relying on a 1998 letter of allotment under PDP No. TKA 4/99/57, payment of ground rent, premiums and rates, NEMA licensing and an EIA, and asserted valid substituted service sanctioned by Eboso J on 25th July 2024. They did not oppose transfer to Murang'a. The court framed five issues but determined only the jurisdiction question. Applying Owners of the Motor Vessel 'Lilian S', it held the ELC exercises jurisdiction throughout Kenya under Section 4(3) of the ELC Act, but having regard to the 2014 Practice Directions (paragraph 14), the Civil Procedure Act (Sections 12 and 15) and the parties' agreement, the suit should be heard at Murang'a for administrative convenience. All other limbs of the application were left to the Murang'a ELC Judge. The court ordered transfer of the suit to the ELC at Murang'a and extension of the orders issued on 27th February 2025 until the application is heard and determined. No costs order was made. Judgment delivered virtually at Thika on 29th April 2025 by Onyango J.

Key legal issues

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Geographical jurisdiction and venue of the ELC suit

Holding

Although the ELC exercises jurisdiction throughout Kenya, for administrative convenience, and with the parties' agreement, the suit should be transferred to the ELC at Murang'a.

Reasoning

The court accepted the Applicant's contention that the suit property is in Kakuzi, Murang'a County, and noted the Respondents were not opposed to transfer. Relying on the Practice Directions on filing in the nearest ELC and the Civil Procedure Act provisions on venue (Sections 12 and 15), the court found transfer appropriate. It deliberately left the substantive limbs of the application for determination by the Murang'a court.

p. 8

Legal principles established

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  • The Environment and Land Court may exercise jurisdiction throughout Kenya and is not confined to a particular county or region.
  • Under the Practice Directions, new ELC cases should be filed in the nearest Environment and Land Court.

Court orders

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  1. 1.This suit is hereby transferred to the Environment and Land Court at Murang'a for hearing and final disposal
  2. 2.The orders issued on 27.2.25 are extended until the application is heard and determined

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court Act No. 19 of 2011Sections 4, 4(3), 13
  • Land Act, 2012Sections 5(1), 12
  • Civil Procedure ActSections 12, 15
  • Civil Procedure Rules, 2010Order 5; Order 40 Rule 7
  • Environmental Management and Coordination Act, 1999not specified
  • Practice Directions on Proceedings in the Environment and Land Court (Gazette Notice No. 5178 of 25th July 2014)Paragraph 14

Cases cited (11)

  • Torino Enterprises Limited vs Attorney General
    [2023] eKLR
  • Kenya Railways Corporation vs Wambugu
    [2017] eKLR
  • Mungai & 7 Others vs County Government of Kiambu
    [2022] eKLR
  • Nairobi City Council vs Thabiti Ltd
    [2015] eKLR
  • Kenya Commercial Bank Limited vs Kenya Planters Co-operative Union
    [2005] eKLR
  • Ogada vs Mollin
    [2009] eKLR
  • Re Estate of Shem Wakungu (Deceased)
    [2021] eKLR
  • Owners of the Motor Vessel "Lilian S" vs Caltex Oil Kenya Ltd
    [1989] KLR 1
  • East African Industries vs Trufoods
    [1972] EA 420
  • Giella vs Cassman Brown & Co. Ltd
    [1973] EA 358
  • Nguruman Limited vs Jan Bonde Nielsen & 2 Others
    [2014]
Jurisdiction invoked
Environment and Land Court Act No. 19 of 2011; Article 162(2)(b) of the Constitution (cited by parties)

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, "Kamicha & 7 others v Del Monte Kenya Limited; Directorate of Criminal Services & 2 others (Interested Parties) (Environment & Land Case E044 of 2024) [2025] KEELC 3420 (KLR)", Case Analysis (2025). Notice of Motion dated 24th February 2025 in the suit at Thika (Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3420/eng@2025-04-29

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