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ELCDismissedNot stated in judgment (Environment and Land Court suit, Nakuru)· [2025] KEELC 3981 (KLR)

Maina v Macharia (Environment & Land Case E064 of 2022) [2025] KEELC 3981 (KLR)

Environment and Land Court
23 May 2025
AOAntony O. Ombwayo
2,919 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~12 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed it can hear matrimonial property disputes over land, dismissing an attempt to move such cases to the High Court.

What this practically means

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Executive summary

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The plaintiff, Beth Wamboi Maina, sued James Maina Macharia seeking a declaration that land title Bahati/Kabatini Block 1/9238, registered in the defendant's name but allegedly held in trust for both spouses, is matrimonial property; a declaration that she has a matrimonial/spousal, overriding and/or beneficial interest as wife and co-owner; a permanent injunction against interference; and an order that rental income from the property be shared equally. By a notice dated 10/03/2025, the defendant raised a preliminary objection contending that the Environment and Land Court lacks jurisdiction because the claim falls under Section 17 of the Matrimonial Property Act and, per Rule 6(1)(a) of the Matrimonial Property Rules (Legal Notice 137 of 2022), belongs to the High Court. He relied on R v Karisa Chengo and Samuel Kamau Macharia v Kenya Commercial Bank, arguing the ELC cannot hear matters reserved to the High Court. The plaintiff countered that the ELC's jurisdiction under Article 162(2)(b) of the Constitution and Section 13(2) of the ELC Act covers disputes on use, occupation of, and title to land, including matrimonial land; that Section 17 of the Matrimonial Property Act does not confer exclusive jurisdiction on any named court; and that, applying the predominant purpose test, the suit's gravamen is prevention of disposal of land. She also relied on Muinde v Mwania, noting no divorce proceedings were pending. Ombwayo J held that where a matrimonial property dispute revolves on use, occupation and title to immovable property, the ELC has jurisdiction. The preliminary objection was dismissed with costs.

Key legal issues

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Whether the Environment and Land Court has jurisdiction over a claim for declaration of matrimonial/beneficial interest in registered land

Holding

The ELC has jurisdiction where the dispute revolves on the use, occupation and title to immovable matrimonial property; the preliminary objection was dismissed.

Reasoning

The court noted the ELC is established under Article 162(2)(b) of the Constitution and Section 13(2) of the ELC Act, which confers jurisdiction over disputes relating to environment and the use, occupation of, and title to land. Applying this to the plaint, which seeks a declaration of spousal interest in land and an injunction against interference with the suit property, the court held the dispute is envisaged under these provisions and the court has the prerequisite jurisdiction.

p. 6

Legal principles established

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  • Where a matrimonial property dispute revolves on use, occupation and title to immovable property, the Environment and Land Court has jurisdiction under Article 162(2)(b) of the Constitution and Section 13(2) of the ELC Act.
  • A court's jurisdiction flows from the Constitution or legislation and it cannot arrogate to itself jurisdiction beyond what is conferred by law.
  • The ELC and ELRC are distinct from the High Court and cannot hear matters reserved to the High Court's exclusive jurisdiction.

Court orders

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  1. 1.The preliminary objection on jurisdiction dated 10/03/2025 is dismissed with costs
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13(2) of the 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, "Maina v Macharia (Environment & Land Case E064 of 2022) [2025] KEELC 3981 (KLR)", Case Analysis (2025). Not stated in judgment (Environment and Land Court suit, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3981/eng@2025-05-23

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