Kariuki v Kariuki & 3 others (Land Case E162 of 2025) [2025] KEELC 7839 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled it cannot hear disputes about charges securing loans or company management—those belong to the High Court.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over a dispute centred on the charging of land as security for a loan and the management of a company
The ELC lacks jurisdiction; the dispute ought to be placed before the High Court
Applying Co-operative Bank of Kenya v Patrick Kangethe Njuguna, the court held that creation of a charge is a disposition, not land use, and mortgage/charge disputes fall within the High Court's civil jurisdiction. The plaint pleaded no claim of use, ownership or occupation of the suit properties; the prayers concerned validity of charges, cancellation of register entries and sharing of rental income, which are commercial matters for the High Court.
Whether the preliminary objection qualifies as a pure point of law
Yes - the objection challenges jurisdiction, raising a pure point of law based on undisputed facts
Applying Mukisa Biscuits and John Musakali, the court found the objection rested on the pleadings and challenged the court's jurisdiction, a quintessential point of law that could dispose of the suit without trial.
Legal principles established
#- A charge is an interest in land securing payment of money and its creation does not amount to use of land; disputes over charges, mortgages and collection of rents fall within the civil jurisdiction of the High Court, not the ELC
- A preliminary objection must be a pure point of law based on undisputed facts with the potential to dispose of the suit
Court orders
#- 1.The notice of preliminary objection dated 7th May, 2025 is upheld
- 2.This court lacks jurisdiction to hear and determine the dispute between the parties
- 3.The dispute ought to be placed before the High Court for determination
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act (jurisdiction of the ELC); preliminary objection on jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Kariuki & 3 others (Land Case E162 of 2025) [2025] KEELC 7839 (KLR)", Case Analysis (2025). Land Case E162 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7839/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.