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ELCDismissedNot stated on face of judgment (Originating Summons dated 16th February, 2024)· [2025] KEELC 3625 (KLR)

Kingola v Mulwa (Land Case E002 of 2024) [2025] KEELC 3625 (KLR)

Environment and Land Court
8 May 2025
804 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, not magistrates' courts, alone hears adverse possession land claims, so squatters' ownership suits filed there are safe from jurisdiction objections.

What this practically means

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Executive summary

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The Plaintiff/Applicant filed an Originating Summons dated 16th February 2024 seeking registration as proprietor of Title Number Makueni/Kalongo/787 by way of adverse possession. The Respondent filed a preliminary objection on 6th March 2024 contending that the suit offended Section 26(3) and (4) of the Environment and Land Court Act and Section 9 of the Magistrates' Court Act, and that the court was deprived of jurisdiction. In submissions, Respondent's Counsel argued that the suit property measures approximately 0.95 acres and is worth under Kshs.15 million, so the summons should have been filed in the magistrates' court at Kilungu, and that filing in Makueni breached Section 12 of the Civil Procedure Act. The Applicant's Counsel maintained that jurisdiction over adverse possession under Section 38 of the Limitation of Actions Act lies with the High Court/Environment and Land Court, relying on Kisaka v Muyia, Peter Salai Mwalagaya v Murtaza Hussein Bandali and Allan Mupe Bakari v Diani Sea Lodge. The court framed one issue: whether its jurisdiction was properly invoked. Relying on Section 38(1) of the Limitation of Actions Act and the Court of Appeal's decision in Sugawara v Kiruti, the court held that adverse possession claims are exclusively for the Environment and Land Court to the exclusion of the magistrates' court. The preliminary objection was dismissed with costs to the Applicant on 8th May 2025.

Key legal issues

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Whether the Environment and Land Court, and not the magistrates' court, has jurisdiction over claims for registration of land by adverse possession

Holding

Section 38(1) of the Limitation of Actions Act vests jurisdiction over adverse possession claims exclusively in the Environment and Land Court; the preliminary objection failed.

Reasoning

The court found the originating summons was an adverse possession claim under Section 38(1). Applying the Court of Appeal's decision in Sugawara v Kiruti, it held that a strict interpretation of section 38 limits hearing and determination of such matters to the Environment and Land Court, Parliament having not expressly conferred such jurisdiction on magistrates' courts. The objection on pecuniary and territorial grounds therefore failed.

p. 2

Legal principles established

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  • Hearing and determination of claims for adverse possession is exclusively vested in the Environment and Land Court to the exclusion of the Magistrates' Court.

Court orders

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  1. 1.The preliminary objection dated 4th March, 2024 is dismissed with costs to the Applicant
Jurisdiction invoked
Section 38(1) of the Limitation of Actions Act; Environment and Land Court Act

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, "Kingola v Mulwa (Land Case E002 of 2024) [2025] KEELC 3625 (KLR)", Case Analysis (2025). Not stated on face of judgment (Originating Summons dated 16th February, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3625/eng@2025-05-08

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