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ELCStruck OutApplication dated 24/6/2025· [2025] KEELC 5641 (KLR)

Chabari v Nkabune (Environment and Land Miscellaneous Application E028 of 2025) [2025] KEELC 5641 (KLR)

Environment and Land Court
28 July 2025
BEB M Eboso
219 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A party asking the Environment and Land Court to reconstruct a High Court file was told the High Court Registry is the right place to apply.

What this practically means

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Executive summary

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Before the Environment and Land Court at Meru was a notice of motion by the applicant seeking an order authorising reconstruction (and/or reinstatement) of the court file in Meru HCCC No. 129 of 1995, a civil suit formerly in the High Court Registry alleged to have been dismissed by Sitati J, a High Court Judge. The application dated 24/6/2025 was prompted by the High Court Registry's failure to avail the file. Eboso J held that, in the absence of evidence that the file had been registered as an Environment and Land Court file, the proper registry to deal with reconstruction or reinstatement was the High Court Registry; thereafter the High Court would be at liberty to transfer the file to the Environment and Land Court. On that basis the court found the application misdirected and struck it out. On costs, the court took into account that the failure of the High Court Registry to avail the file was what prompted the application, and therefore ordered each party to bear their respective costs of the application. The judgment was delivered at Meru on 28 July 2025, with Ms Kaunyangi appearing for the applicant and Mr Ondieki for the respondent. No statutes or case authorities were cited.

Key legal issues

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Proper forum for reconstruction of a dismissed High Court suit file

Holding

The High Court Registry, not the ELC Registry, is the proper forum where there is no evidence the file was registered as an ELC file; the High Court may thereafter transfer the file to the ELC.

Reasoning

The court observed that Meru HCCC No. 129 of 1995 was a High Court civil case, allegedly dismissed by Sitati J, a High Court Judge. Since there was no evidence that the file was ever registered in the Environment and Land Court Registry, the applicant should have approached the High Court Registry, which could later transfer the file to the ELC if appropriate.

p. 1

Legal principles established

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  • Reconstruction or reinstatement of a High Court file must be pursued in the High Court Registry unless the file was registered as an ELC file

Court orders

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  1. 1.The application dated 24/6/2025 is struck out for being misdirected
  2. 2.Each party to bear their respective costs of the application
Jurisdiction invoked
Environment and Land Court jurisdiction over matters registered in the ELC Registry

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, "Chabari v Nkabune (Environment and Land Miscellaneous Application E028 of 2025) [2025] KEELC 5641 (KLR)", Case Analysis (2025). Application dated 24/6/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5641/eng@2025-07-28

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