Mi-Tech Limited v Felistus (Environment and Land Case 87 of 2020) [2025] KEELC 7162 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear lease disputes over land use, and dismissed an attempt to stop the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the objection was a proper preliminary objection
The jurisdictional question is a pure point of law and thus a proper preliminary objection.
Guided by Mukisa Biscuit, the court held the question of jurisdiction is a pure point of law, whereas the sub judice issue involves facts. The court proceeded to consider the jurisdictional limb on its merits.
Whether the Environment and Land Court has jurisdiction over the claim
Yes - the claim arising from a lease relating to use and occupation of the suit premises falls within ELC jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act.
Although the Plaintiff had been evicted, the claim concerned structures erected on the Defendant's land and refund of improvements and deposit, raising use and occupation of land and contracts granting enforceable interests in land, which Section 13(2)(d) covers.
Whether the suit is res sub judice
No - this suit was filed on 1.10.20, before the Magistrate's court suit filed on 26.10.20, so the doctrine does not apply to it.
Section 6 of the Civil Procedure Act bars a previously instituted suit, not a later one. The two suits involve the same parties and subject matter, but this suit predates the Magistrate's court suit.
Legal principles established
#- A preliminary objection must raise a pure point of law argued on the assumption that all facts pleaded by the other side are correct.
- The sub judice doctrine bars the court from proceeding with the suit filed later, not the one filed earlier.
- Disputes concerning whether a lease permitted construction of structures on land and entitlement to a refund on termination raise issues of use and occupation of land within ELC jurisdiction.
Court orders
#- 1.The Preliminary Objection dated 5th May 2025 is dismissed with costs to the Plaintiff.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mi-Tech Limited v Felistus (Environment and Land Case 87 of 2020) [2025] KEELC 7162 (KLR)", Case Analysis (2025). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7162/eng@2025-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.