Muriithi v Biashara Sacco Society Limited & 4 others (Environment and Land Miscellaneous Application E005 of 2025) [2025] KEELC 6226 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled it cannot hear appeals over bank land sales under charges—those belong to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over disputes arising from exercise of a statutory power of sale under a charge
The intended appeal challenging the validity of the chargee's exercise of its power of sale is a commercial dispute for the High Court; the ELC lacks jurisdiction
The suit before the Chief Magistrate's Court challenged the 1st Respondent's exercise of its power of sale under a charge following loan default. Relying on Court of Appeal authority, the court held that a charge creates an interest limited to realisation of security, not use of land, so such disputes fall to the High Court as commercial matters.
Whether extension of time could be granted
The question was not reached because the Court lacked jurisdiction over the intended appeal
Having found that it lacked jurisdiction to entertain any appeal from the Chief Magistrate's decision, the Court held it unnecessary to consider whether sufficient cause for extension of time under Section 79G of the Civil Procedure Act had been demonstrated.
Legal principles established
#- Where a dispute touches on the enforcement of a charge created over land as security, it is a commercial dispute within the High Court's jurisdiction, not the ELC's
- Jurisdiction is determined by the dominant issue in the dispute
Court orders
#- 1.The Notice of Motion dated 6th February 2025 is struck out
- 2.Costs to the 1st Respondent
- On appeal from
- Chief Magistrate's Court, Kerugoya
- ELC No. E060 of 2022
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, 2011; Section 79G of the Civil Procedure Act (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriithi v Biashara Sacco Society Limited & 4 others (Environment and Land Miscellaneous Application E005 of 2025) [2025] KEELC 6226 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 6th February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6226/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.