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ELCPartially AllowedNotice of Motion dated 26/05/2025· [2025] KEELC 7261 (KLR)

Kimachas & another v Kimachas (Miscellaneous Civil Application E013 of 2025) [2025] KEELC 7261 (KLR)

Environment and Land Court
16 October 2025
ECE.C. CHERONO
988 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Bungoma transferred a Kshs 14.8 million land dispute to Sirisia because the Senior Principal Magistrate there has jurisdiction over it.

What this practically means

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Executive summary

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The Applicants moved the Environment and Land Court at Bungoma by Notice of Motion dated 26 May 2025 seeking a stay of proceedings in Bungoma MCELC/E047/2025 and its transfer to the Chief Magistrate's Court (Environment and Land) at Sirisia for disposal on merits. They argued that they reside and work in Malakisi/Sirisia, the cause of action arose there, the suit property is situated there, and that the Respondent was forum shopping by filing in Bungoma. The Respondent opposed solely on pecuniary jurisdiction, deposing that the Sirisia court's highest-ranking magistrate was a Principal Magistrate limited to Kshs 10,000,000 under section 7 of the Magistrates' Courts Act, while the disputed parcel N. Malakisi/W. Sasuri/1518 was valued at approximately Kshs 14,800,000; she further argued that territorial jurisdiction provisions cannot cure a lack of pecuniary jurisdiction and proximity cannot confer jurisdiction. The court set out the section 7 monetary limits and observed that Sirisia Law Court is in fact presided over by Hon. Langat, a Senior Principal Magistrate whose pecuniary jurisdiction is fifteen million shillings, sufficient to hear the suit. Finding the application merited, the court ordered the transfer of Bungoma CM-ELC No. E047 of 2025 to the Sirisia Senior Principal's Court, a mention for directions on 5 November 2025, and that costs of the application be costs in the cause.

Key legal issues

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Whether the transfer to Sirisia Law Courts was merited notwithstanding the Respondent's pecuniary jurisdiction objection

Holding

The application was allowed because the Senior Principal Magistrate at Sirisia has pecuniary jurisdiction of Kshs 15,000,000, exceeding the disputed property's value

Reasoning

The court noted that Sirisia is presided over by a Senior Principal Magistrate with a pecuniary limit of fifteen million shillings under section 7 of the Magistrates' Courts Act. The valuation report showed the disputed land at approximately Kshs 14,800,000, within that limit. The Respondent's objection was based on the Principal Magistrate's ten-million limit, but the court found the Head of Station at Sirisia is a Senior Principal Magistrate, so the transfer was merited.

p. 3

Legal principles established

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  • Pecuniary jurisdiction of a magistrates' court is fixed by the monetary limits in section 7 of the Magistrates' Courts Act and proximity cannot confer jurisdiction where pecuniary jurisdiction does not exist (as argued and accepted in principle)

Court orders

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  1. 1.Bungoma CM-ELC No. E047 of 2025 be and is hereby transferred to Sirisia Senior Principals' Court for hearing and determination
  2. 2.The matter to be mentioned for directions before the Senior Principal Magistrate on 5th November, 2025
  3. 3.Costs of the application to be costs in the cause

Authorities

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Legislation

  • Magistrates' Courts Act, 2015Section 7
  • Civil Procedure Rules (CPR)Section 15(a) and (b)
Jurisdiction invoked
Inherent transfer jurisdiction of the Environment and Land Court over subordinate courts' proceedings; application under certificate of urgency

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, "Kimachas & another v Kimachas (Miscellaneous Civil Application E013 of 2025) [2025] KEELC 7261 (KLR)", Case Analysis (2025). Notice of Motion dated 26/05/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7261/eng@2025-10-16

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