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ELCStruck OutNot stated in the judgment· [2025] KEELC 7387 (KLR)

Wanyama (Suing as the Administrator of the Estate of Ezekiel Wanyama Kayile) v Muyundo alias Zablon Kasisi Muyundo & 2 others (Environment and Land Case 66 of 2010) [2025] KEELC 7387 (KLR)

Environment and Land Court
30 October 2025
ECE.C Cherono
1,656 words in judgment
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The bottom line

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The Environment and Land Court struck out a contempt application because the consent order it relied on was recorded by a Deputy Registrar who had no power to make such orders.

What this practically means

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Executive summary

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Wanambisi Khisa moved the Environment and Land Court at Bungoma by Notice of Motion dated 21st June 2025 seeking an order that Ryleigh Wanjala Wanyama show cause why he should not be committed to civil jail for disobeying a consent order of 17th July 2024, extracted on 22nd July 2024, requiring subdivision of land parcel Ndivisi/Muchi/636 into 14 acres for Rayleigh Wanjala Wanyama and Lorna Mukhwana Wanyama and 5 acres for Wanambisi Khisa and Khisa Muyundo, plus authorization of the County Surveyor to effect the subdivision with OCS Matisi security. The Respondent opposed, denying wilful default and contending that both parties bore equal responsibility for compliance, that the order directed transfer of 5 acres to duplicate names referring to the same person, and that he was ready to cooperate; he relied on Katsuri Limited v Kapurch and Depar Shah. The Applicant filed no submissions. The court, E.C Cherono J, did not reach the contempt question. It found that the consent order had been entered before the Deputy Registrar on 17/05/2024, and that although the Deputy Registrar is also a sitting magistrate, she had no jurisdiction to issue substantive orders in ELC matters before her. The consent order was therefore null and void and incapable of execution, together with any decree and enforcement orders arising from it. The Notice of Motion was struck out with no orders as to costs.

Key legal issues

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01

Whether the consent order underlying the enforcement application was valid and enforceable

Holding

The consent order recorded before the Deputy Registrar on 17/05/2024 was null and void because the Deputy Registrar exceeded her jurisdiction, and any decree or enforcement orders arising from it are incapable of execution by the court

Reasoning

The court noted the Deputy Registrar is also a sitting magistrate but has no jurisdiction to issue substantive orders in ELC matters listed before her. The consent compromising the suit was therefore entered in excess of jurisdiction, rendering the subsequent decree and the enforcement application founded upon it a nullity.

p. 4

Legal principles established

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  • A Deputy Registrar has no jurisdiction to issue substantive orders in ELC matters; a consent order entered in excess of that jurisdiction is null and void and incapable of execution

Court orders

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  1. 1.The Notice of Motion dated 21st June 2025 is struck out
  2. 2.No orders as to costs

Authorities

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Cases cited (1)

  • Katsuri Limited v Kapurch and Depar shah
    (2016) KEHC 6447 (KLR)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over enforcement of orders relating to land parcel Ndivisi/Muchi/636; specific statute not cited

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, "Wanyama (Suing as the Administrator of the Estate of Ezekiel Wanyama Kayile) v Muyundo alias Zablon Kasisi Muyundo & 2 others (Environment and Land Case 66 of 2010) [2025] KEELC 7387 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7387/eng@2025-10-30

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