Rockon Construction Company Limited v NCBA Bank Kenya Plc (Land Case E368 of 2024) [2025] KEELC 6373 (KLR)
The bottom line
#The Environment and Land Court struck out a borrower's suit, confirming that disputes over a bank's statutory power of sale belong in the High Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over a commercial dispute regarding the statutory power of sale over charged land
The court has no jurisdiction; the dispute touches on loan repayment and accounting, not ownership or use of land, and belongs to the High Court Commercial Division
The Plaintiff did not challenge the legality of the charges or the process of sale; its only grievance was the refusal of additional time to clear the loan. Determining questions of instalments and accounting falls outside the court's mandate under Article 162(2), and following Owners of the Motor Vessel 'Lillian S', the court must down tools once it finds it lacks jurisdiction.
Legal principles established
#- The Environment and Land Court lacks jurisdiction over disputes concerning exercise of a statutory power of sale and accounting on charged property, which fall within the High Court's commercial jurisdiction
Court orders
#- 1.The suit is struck out with costs
- Jurisdiction invoked
- Jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution as read with the Environment and Land Court Act (not expressly quoted; jurisdiction was the contested issue)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rockon Construction Company Limited v NCBA Bank Kenya Plc (Land Case E368 of 2024) [2025] KEELC 6373 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6373/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.