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ELCStruck Out· [2025] KEELC 7533 (KLR)

M’Rinkanya v Mbabu-Murombi (Land Case E006 of 2025) [2025] KEELC 7533 (KLR)

Environment and Land Court
31 October 2025
BEB M Eboso
1,722 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed it cannot extend the 12-year deadline for land recovery claims, so a 1983 land dispute suit was struck out.

What this practically means

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Executive summary

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The plaintiff sued the defendant in the Environment and Land Court at Chuka by a plaint dated 29/4/2025 (drawn for the Chief Magistrate's Court at Chuka but uploaded in the ELC), alleging that in 1983 he sold the defendant one acre out of parcel Muthambi/U-Karimba/444, that transfer was never completed, and that the defendant fraudulently subdivided the land into parcels 1286 and 1287, registering himself as owner of 1286, felled trees and erected barbed wire. He sought a permanent injunction, annulment of the subdivision and reinstatement of the original register, removal of the boundary, and damages. He then applied to transfer the suit to the Chief Magistrate's Court at Chuka. The defendant filed a preliminary objection dated 16/6/2025 contending the suit was statute-barred. The plaintiff relied on an ex parte order of the Senior Principal Magistrate's Court at Chuka dated 24/4/2025 enlarging the limitation period by 30 days. The court disposed of the preliminary objection first, holding that only a competent suit can be transferred. Relying on Section 7 of the Limitation of Actions Act and Court of Appeal authority, Eboso J held that the Act does not vest courts with discretion to enlarge the 12-year limitation period for land recovery claims, so the enlargement order was issued without jurisdiction and could not revive the stale claim. Invoking the Lillian S principle, the court upheld the preliminary objection, struck out the suit as statute-barred, declined to transfer it, and ordered the plaintiff to bear the costs of the suit.

Key legal issues

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01

Whether an ex parte enlargement of the limitation period granted by a magistrate's court could revive a statute-barred claim for recovery of land

Holding

It could not; the enlargement order was issued without jurisdiction because the Limitation of Actions Act does not vest courts with discretion to extend the 12-year period for land recovery claims

Reasoning

The claim was one for recovery of land, governed by Section 7 of the Limitation of Actions Act imposing a 12-year limitation. That statute contains no provision conferring discretion to extend time, unlike Section 27 which applies only to specified torts. Jurisdiction to enlarge time must be donated by the Constitution, statute or rules. The magistrates' court therefore acted without jurisdiction, and the order could not breathe life into the stale claim.

p. 3
02

Whether the court could transfer the suit to the Chief Magistrate's Court at Chuka

Holding

No, because only a competent suit can be transferred and the suit had been struck out as statute-barred

Reasoning

The court had prioritised the preliminary objection because only a competent suit can be transferred. Having found the claim statute-barred and struck out the suit, there remained no suit capable of being transferred to the magistrates' court.

p. 4

Legal principles established

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  • Jurisdiction to enlarge time for bringing an action is donated by the Constitution, the statute or the relevant rules; a court cannot enlarge a limitation period where the statute has not vested it with such jurisdiction
  • The 12-year limitation period for recovery of land under Section 7 of the Limitation of Actions Act admits of no judicial enlargement
  • A court that finds it has no jurisdiction must down its tools immediately

Court orders

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  1. 1.The defendant's preliminary objection dated 16/6/2025 is upheld and the suit is struck out on the ground that the plaintiff's claim is statute-barred
  2. 2.There being no competent suit, the application for transfer to the Chief Magistrate Court at Chuka is not entertained
  3. 3.The plaintiff shall bear costs of the suit
Jurisdiction invoked
Environment and Land Court jurisdiction under statute (Article 162(2)(b) court); suit filed as intended for the Chief Magistrate's Court at Chuka

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, "M’Rinkanya v Mbabu-Murombi (Land Case E006 of 2025) [2025] KEELC 7533 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7533/eng@2025-10-31

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