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ELCDismissedNot stated in judgment (Notice of Motion dated 6th February 2025)· [2025] KEELC 6226 (KLR)

Muriithi v Biashara Sacco Society Limited & 4 others (Environment and Land Miscellaneous Application E005 of 2025) [2025] KEELC 6226 (KLR)

Environment and Land Court
25 September 2025
2,624 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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By a Notice of Motion dated 6th February 2025, the Applicant, Nahashon Murage Muriithi, sought extension of time to file an appeal out of time from the Ruling of Hon. Martha Mutuku (CM) in Kerugoya CM ELC No. E060 of 2022, delivered on 26th November 2024, in which his suit challenging the sale of LR No. Inoi/Kariko/4266 to the 5th Respondent was struck out on a preliminary objection. The Applicant explained that he had initially filed High Court Appeal No. 125 of 2024 within time, but on changing advocates was advised the High Court lacked jurisdiction over land disputes. The 1st Respondent opposed, arguing no sufficient cause was shown and the High Court appeal had not been withdrawn; the 5th Respondent contended the dispute was commercial, concerning a legal charge and statutory power of sale, for the High Court. The Court framed two issues: its jurisdiction and sufficient cause for extension of time. Relying on Court of Appeal authority, including Co-operative Bank v Njuguna and Bank of Africa v TSS Investment, J. M. Mutungi (ELC Judge) held that the dispute arose from the enforcement of a charge and the exercise of a statutory power of sale - a commercial matter for the High Court, not one of use, occupation or title to land within Article 162(2)(b) and Section 13 of the ELC Act. Lacking jurisdiction, the Court did not reach the extension-of-time question, struck out the application with costs to the 1st Respondent.

Key legal issues

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01

Jurisdiction of the ELC over disputes arising from exercise of a statutory power of sale under a charge

Holding

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

Reasoning

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.

p. 5
02

Whether extension of time could be granted

Holding

The question was not reached because the Court lacked jurisdiction over the intended appeal

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The Notice of Motion dated 6th February 2025 is struck out
  2. 2.Costs to the 1st Respondent

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court Act, 2011Section 13, Section 13(2)
  • Civil Procedure ActSection 79G
  • Land ActSection 2, Section 80

Cases cited (7)

  • Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others
    (2014) eKLR
  • Motor Vessel "Lillian S" v Caltex Oil (Kenya) Ltd
    [1989] eKLR
  • Thomas Mutuku Kasue v Housing Finance Company Ltd & Another
    [2021] eKLR
  • Bank of Africa (k) Ltd v TSS Investment
    (2024) KECA 410 (KLR)
  • Co-operative Bank Ltd v Patrick Kangethe Njuguna & Others
    (2017) KECA 79 (KLR)
  • Joel Kytha Mbaluka T/a Mbaluka & Associates Advocates v Daniel Ochieng Ogola t/a Ogola Okello & Co. Advocates
    (2019) eKLR
  • Keter v Ecobank Kenya Limited (Civil Case 16 of 2018)
    [2022] KEHC 13352 (KLR)
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

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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, "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.