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ELCPartially AllowedNotice of Motion dated 14th July 2025 (ELC, Kapsabet)· [2025] KEELC 5640 (KLR)

Chepkwony v Keter & another (Environment and Land Miscellaneous Application E023 of 2025) [2025] KEELC 5640 (KLR)

Environment and Land Court
29 July 2025
GOG M A Ongondo
722 words in judgment
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The bottom line

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Kenya's Environment and Land Court declared magistrates' court land proceedings void because the suit property's value exceeded the Kshs 20 million limit, and transferred the case.

What this practically means

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Executive summary

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By a Notice of Motion dated 14th July 2025, Jane Cherotich Chepkwony sought a declaration that the entire proceedings and consequential orders in Kapsabet Chief Magistrate's Court ELC No. 10 of 2018 (Joseph Kimeli Keter & Tai Nancy Cheruto v Jane Cherotich Chepkwony) were null and void ab initio for lack of pecuniary jurisdiction, and that the file be called for and admitted at the Environment and Land Court at Kapsabet for hearing and determination. The underlying suit was originally filed in 2012 at the Kisumu High Court ELC Division as Civil Suit No. 38 of 2012 by the late Benjamin Kipketer Tai and was later transferred to the Chief Magistrate's Court at Kapsabet. The applicant contended that the suit land, LR No. 24076/18 (LR No. 107926) measuring approximately 44.28 acres, had appreciated in value beyond the Kshs. 20,000,000 pecuniary limit of the magistrates' court, and that she could not amend her counterclaim for mesne profits beyond that limit. The respondents were duly served but did not appear or respond. Relying on section 7 of the Magistrates' Courts Act, 2015 and the principle in Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd that jurisdiction is everything, the court found the application merited, allowed prayers (c) and (d), declared the magistrates' court proceedings a nullity, and transferred the suit to the ELC at Kapsabet. The judgment was delivered by G M A Ongondo, J, on 29th July 2025.

Key legal issues

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Pecuniary jurisdiction of the Chief Magistrate's Court over the transferred ELC suit

Holding

The suit land's value exceeds the Kshs. 20,000,000 pecuniary limit of the Chief Magistrate's Court, so that court lacks jurisdiction and the application is merited

Reasoning

The applicant established by a valuation report that the suit land LR No. 24076/18 (LR No. 107926) is valued at a figure exceeding the Kshs. 20,000,000 pecuniary ceiling of the magistrates' court under section 7 of the Magistrates' Courts Act, 2015. Applying the settled principle that jurisdiction is everything, the court found the Chief Magistrate's court devoid of jurisdiction, declared the proceedings null and void, and ordered transfer to the ELC. The respondents, though served, did not respond.

p. 2

Legal principles established

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  • Jurisdiction is everything; without it a court cannot take a further step

Court orders

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  1. 1.Declaration that the entire proceedings and any consequential orders in Kapsabet Chief Magistrate's Court ELC No. 10 of 2018 are null and void ab initio for lack of pecuniary jurisdiction
  2. 2.Call for the Kapsabet Chief Magistrate's Court file in ELC No. 10 of 2018 and admit it at the Environment and Land Court at Kapsabet for hearing and determination
Jurisdiction invoked
Section 7 of the Magistrates' Courts Act, 2015 (pecuniary jurisdiction of magistrates' courts); Article 162(2) ELC jurisdiction implied

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, "Chepkwony v Keter & another (Environment and Land Miscellaneous Application E023 of 2025) [2025] KEELC 5640 (KLR)", Case Analysis (2025). Notice of Motion dated 14th July 2025 (ELC, Kapsabet). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5640/eng@2025-07-29

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