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ELCAllowedMotion dated 2nd October 2025 (referring to transfer of Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS))· [2025] KEELC 7079 (KLR)

Lelei v Michuki (Sued As The Legal Representative Of The Estate Of The Late Dr Michuki Njuguna - Deceased) (Environment and Planning Miscellaneous Application E002 of 2025) [2025] KEELC 7079 (KLR)

Environment and Land Court of Kenya
16 October 2025
GOG M A Ongondo
641 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that only it, not magistrates' courts, can decide adverse possession land claims, so such suits must be transferred.

What this practically means

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Executive summary

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By a Notice of motion dated 2nd October 2025, Richard Kiptoo Lelei, the applicant, sought transfer to the Environment and Land Court at Kapsabet of Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS), an adverse possession suit he instituted on 17th February 2022 against Lucy Wambui Michuki as legal representative of the estate of the late Dr. Michuki Njuguna, together with leave to amend his pleadings and file further documents in compliance with Order 11 of the Civil Procedure Rules, with corresponding leave to the respondent. The application was grounded on the contention that Magistrates' Courts lack jurisdiction to hear adverse possession claims, that jurisdiction being exclusively vested in the Environment and Land Court, and relied on a Court of Appeal decision of 11th October 2024 said to have so held. The applicant additionally noted that the suit land, Nandi/Chemuswa/316, lies within the Kapsabet Environment and Land Court's jurisdiction. The respondent was duly served but did not respond. The court considered section 9 of the Magistrates' Courts Act 2015, section 26(4) of the Environment and Land Court Act and sections 17 and 18 of the Civil Procedure Act, and subscribed to the Court of Appeal decision in Sugawara v Kiruti on adverse possession jurisdiction and the Supreme Court decision in Republic v Karisa Chengo on jurisdiction. Finding the unopposed application meritorious, the court allowed it, transferring the suit for trial and granting leave to amend, with costs in the cause.

Key legal issues

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Jurisdiction of the Magistrates' Court over adverse possession claims

Holding

The Magistrates' Court lacks jurisdiction over adverse possession claims; such claims fall within the exclusive jurisdiction of the Environment and Land Court, justifying transfer of the pending suit

Reasoning

The court considered section 9 of the Magistrates' Courts Act 2015, section 26(4) of the Environment and Land Court Act and sections 17 and 18 of the Civil Procedure Act on jurisdiction. It aligned itself with the Court of Appeal decision in Sugawara v Kiruti on jurisdiction over adverse possession claims and the Supreme Court decision in Republic v Karisa Chengo on jurisdiction generally. Finding the application unopposed and meritorious, it allowed the transfer and granted leave to amend.

p. 2

Legal principles established

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  • Magistrates' Courts lack jurisdiction to hear and determine claims founded on adverse possession, which jurisdiction is exclusively reserved for the Environment and Land Court

Court orders

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  1. 1.The Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS) between Richard Kiptoo Lelei and Lucy Wambui Michuki is transferred to the Environment and Land Court at Kapsabet for trial and final disposal on merits
  2. 2.The applicant is granted leave to amend his pleadings and file further documents in compliance with Order 11 of the Civil Procedure Rules, with corresponding leave to the respondent if she so desires
  3. 3.Costs in the cause
Jurisdiction invoked
Section 9 of the Magistrates' Courts Act 2015; section 26(4) of the Environment and Land Court Act 2011; sections 17 and 18 of the Civil Procedure Act (Cap. 21)

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, "Lelei v Michuki (Sued As The Legal Representative Of The Estate Of The Late Dr Michuki Njuguna - Deceased) (Environment and Planning Miscellaneous Application E002 of 2025) [2025] KEELC 7079 (KLR)", Case Analysis (2025). Motion dated 2nd October 2025 (referring to transfer of Chief Magistrate's Court Kapsabet Land Case No. E053 of 2022 (OS)). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7079/eng@2025-10-16

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