Kaimugul v Kurui & another (Environment and Land Appeal E007 of 2025) [2025] KEELC 4609 (KLR)
The bottom line
#The Environment & Land Court ruled it cannot hear this land-execution appeal because it stems from a commercial money judgment, so the case moved to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Identifying the proceedings in which the impugned ruling was made
The ruling of 05.02.2025 was made in Eldoret CMC Civil Suit No. 065 of 2021, not Eldoret CMC ELC No. E065 of 2021, following the Applicant's own admission
The Applicant's Notice of Motion and supporting affidavit had cited the wrong suit number, describing the ruling as having been issued in Eldoret CMC ELC No. E065 of 2021. In the Supplementary Affidavit sworn on 09.04.2025, the Applicant admitted the ruling was in Eldoret CMC Civil Suit No. 065 of 2021. On that admission the Court found the correct proceedings to be the commercial suit.
Jurisdiction of the Environment & Land Court over the appeal
The impugned ruling arose from a commercial dispute settled by consent judgment, and execution thereof falls within the High Court's jurisdiction, not the ELC's
The underlying proceedings were a commercial liquidated-claims suit resolved by a consent judgment of 03.02.2021 for KShs. 3,011,530/-. The subsequent applications and rulings, including the ruling of 05.02.2025 directing excision of 2 acres in satisfaction of that judgment, dealt only with execution of the consent judgment. Accordingly the High Court, not the Environment & Land Court, is clothed with jurisdiction over appeals from those rulings.
Entitlement to stay of execution
Not determined, for want of jurisdiction
Having found that it lacks jurisdiction over the appeal, the Court declined to consider the merits of the stay application, leaving that question to the High Court to which the matter was transferred.
Legal principles established
#- An appeal from a ruling in a commercial dispute (execution of a consent judgment) lies to the High Court and not to the Environment & Land Court, even where land is the subject of execution
Court orders
#- 1.A declaration that the Environment & Land Court does not have jurisdiction to hear and determine the present application and/or the appeal filed against the ruling pronounced on 05.02.2025 in Eldoret CMC Civil Suit No. 065 of 2021
- 2.The Memorandum of Appeal dated 27.02.2025 and the Notice of Motion dated 11.03.2025 be and are hereby transferred to the High Court sitting at Eldoret for hearing and determination
- 3.The file be placed before the presiding Judge of the High Court at Eldoret for further directions within 30 days from the date of the ruling
- 4.Costs to be dealt with upon determination of the application by the appropriate court
- On appeal from
- Chief Magistrate's Court, Eldoret
- Eldoret CMC Civil Suit No. 065 of 2021
- Jurisdiction invoked
- Jurisdiction of the Environment & Land Court vis-à-vis the High Court over appeals from proceedings relating to execution of a consent judgment in a commercial dispute (no specific constitutional provision cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaimugul v Kurui & another (Environment and Land Appeal E007 of 2025) [2025] KEELC 4609 (KLR)", Case Analysis (2025). Notice of Motion dated 11.03.2025 (in the appeal against Eldoret CMC Civil Suit No. 065 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4609/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.