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ELCPartially AllowedNot stated in judgment (Notice of motion dated 28-2-2025 by the 3rd Respondent)· [2025] KEELC 5431 (KLR)

Kaarai v Njoki & 2 others (Environment and Land Appeal E001 of 2025) [2025] KEELC 5431 (KLR)

Environment and Land Court
21 July 2025
MGM.N. Gicheru
761 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Murang'a (M.N. Gicheru, J) determines a notice of motion dated 28 February 2025 by the 3rd Respondent seeking transfer of an appeal to the ELC at Kerugoya. The appeal originated from Kerugoya Chief Magistrates' Court Case No. E074 of 2023, and the 3rd Respondent argued that under Section 3(4) of the Environment and Land Court Act and Rule 13 of the ELC Practice Directions and Procedure Rules, 2025, appellate jurisdiction vests in ELC Kerugoya, the court with territorial jurisdiction over the trial court. The appellant opposed, contending that the High Court has unlimited original jurisdiction under Article 165(3)(a) and expressing fear that the 3rd Respondent, a woman of influence in Kirinyaga, might compromise justice at Kerugoya. The court found merit in the motion, holding that Section 13(4) of the ELC Act confers appellate jurisdiction over subordinate court decisions and that a judge at Kerugoya has concurrent jurisdiction over appeals from Kirinyaga County, whereas the Murang'a court deals with appeals from Murang'a County only. It observed that hearing the appeal in Murang'a would expose the appellant to accusations of forum shopping, which is recognized as a form of corruption, and that any apprehension of bias should be raised by application before ELC Kerugoya. The court allowed the motion, ordered the appeal transferred to ELC Kerugoya for hearing and determination, and awarded costs to the 3rd Respondent.

Key legal issues

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01

Territorial jurisdiction over ELC appeals from subordinate courts

Holding

The appeal should have been filed in ELC Kerugoya, which has territorial jurisdiction over Kerugoya Chief Magistrates' Court; the ELC Murang'a deals with appeals from lower courts within Murang'a County only.

Reasoning

Section 13(4) of the ELC Act confers appellate jurisdiction over subordinate court decisions in matters within the court's jurisdiction. Since Kerugoya CM's Court is in Kirinyaga County and an ELC judge at Kerugoya has concurrent jurisdiction over appeals from that area, this court does not ordinarily deal with appeals from Kirinyaga County. Hearing the appeal in Murang'a would amount to forum shopping.

p. 2
02

Appellant's fear of bias before the Kerugoya court

Holding

Such fears, if genuine, must be raised by a proper application before the ELC Kerugoya; they do not justify retaining the appeal in a court without territorial jurisdiction.

Reasoning

The appellant alleged the 3rd Respondent is a woman of great influence in Kirinyaga and feared not getting justice there. The court held these apprehensions are not for this court to adjudicate in a transfer application; the appropriate remedy is an application before the transferee court, which may consider it if made.

p. 2

Legal principles established

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  • The ELC exercises appellate jurisdiction over decisions of subordinate courts in matters within its jurisdiction, and that appellate jurisdiction is territorial - appeals from a subordinate court lie to the ELC within whose station the trial court falls.
  • Forum shopping is recognized as a form of corruption and a court should not condone it where a court with concurrent territorial jurisdiction exists.

Court orders

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  1. 1.This appeal is hereby transferred to ELC Kerugoya for hearing and determination.
  2. 2.Costs to the 3rd Respondent.
On appeal from
Chief Magistrates' Court, Kerugoya
E074 of 2023
Jurisdiction invoked
Section 13(4) of the Environment and Land Court Act (Act No. 19 of 2011); Article 165(3)(a) of the Constitution urged by the appellant

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, "Kaarai v Njoki & 2 others (Environment and Land Appeal E001 of 2025) [2025] KEELC 5431 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of motion dated 28-2-2025 by the 3rd Respondent). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5431/eng@2025-07-21

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