Jombo (Suing on Behalf of Samwel Jombo Odida) & another v South Nyanza Sugar Company Limited (Environment and Land Appeal E026 of 2022) [2025] KEELC 4695 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a sugarcane payment appeal, ruling that disputes about money, not land, belong in other courts.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over an appeal whose predominant claim is to restrain payment of money by a sugar company to a third party
The Court lacks jurisdiction as the claim against the Respondent is a purely commercial/monetary dispute unrelated to use, occupation of or title to land.
Although the underlying grievance involved alleged trespass on the suit parcel by Jack Meta Okumu, the claim against the Respondent concerned only an injunction restraining payment of sugarcane proceeds, founded on privity of contract between the Respondent and the deliverer. The claim against the Respondent was severable from the trespass claim and did not touch land. The appeal, filed solely against the Respondent, therefore fell outside Article 162(2)(b).
Whether jurisdiction can be raised for the first time on appeal where it was not raised in the trial court
Yes; the jurisdictional question may be raised at any stage, even on appeal, and the Court raised it of its own motion.
The Respondent argued the appeal did not raise land issues within Article 162. The Appellants did not submit on jurisdiction. Relying on Kenya Ports Authority v Modern Holdings and Owners of the Motor Vessel 'Lillian S', the Court held jurisdiction is everything, may be raised at any time and by the Court itself, and must be determined before the merits.
Whether the claims against Jack Meta Okumu and the Respondent were intertwined
They were not; the claim against the Respondent could be determined separately, and the appeal was filed only against the Respondent.
The Respondent took no part in the alleged trespass, its relationship with the 1st Defendant being a purely contractual one of buying and paying for delivered cane. Since the appeal was filed solely against the Respondent, the trespass question—which alone would have grounded ELC jurisdiction—was not before the Court.
Legal principles established
#- A court must satisfy itself of jurisdiction before anything else and cannot arrogate to itself jurisdiction not conferred by law
- The issue of jurisdiction may be raised at any stage of the proceedings, even for the first time on appeal
Court orders
#- 1.The appeal is struck out
- 2.Costs of the appeal to the Respondent
- On appeal from
- Magistrate's Court at Migori (Principal Magistrate)
- ELC Case No. 14 of 2019
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jombo (Suing on Behalf of Samwel Jombo Odida) & another v South Nyanza Sugar Company Limited (Environment and Land Appeal E026 of 2022) [2025] KEELC 4695 (KLR)", Case Analysis (2025). Appeal against the decision in ELC Case No. 14 of 2019, Migori (Memorandum of Appeal dated 24th October, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4695/eng@2025-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.