Ondu (Substituted by Mathew Obunga Okore) v Ondu (Substituted by Monica Mugoya & 2 others) (Environment and Land Case E021 of 2021) [2025] KEELC 8216 (KLR)
The bottom line
#A Kakamega court struck out a bid to enforce a mediated land deal because only the Probate court, not the Environment and Land Court, can handle succession matters.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction to enforce a mediation agreement requiring defendants to commence succession proceedings
No. Compelling the filing of succession proceedings is within the jurisdiction of the Probate and Administration court; the ELC's jurisdiction is limited to environment and land use, occupation and title matters.
The court held that succession is done in respect of a deceased person, not land, and no deceased person was identified in the mediation agreement. The ELC's jurisdiction is delineated by Article 162(2)(b) of the Constitution and section 13 of the ELC Act, covering environment and use, occupation and title to land. Compelling filing of succession is a matter for citation in the Probate court, not the ELC.
Whether parties could by consent clothe the ELC with jurisdiction over succession
No. Jurisdiction cannot be conferred by consent.
Relying on the Supreme Court decision in Samuel Kamau Macharia v Kenya Commercial Bank, the court held that jurisdiction flows from the Constitution or statute and cannot be conferred by consent of parties. A consent or mediation agreement cannot trump the Law of Succession Act's provisions on who may apply for a grant.
Legal principles established
#- Jurisdiction flows from the Constitution or statute or both and cannot be conferred by consent of the parties
- Parties by agreement cannot clothe a court with jurisdiction where none exists in law
- Compelling a person to file succession proceedings is a matter for citation in the Probate and Administration court, not the ELC
Court orders
#- 1.The application dated 16th June 2025 is struck out for want of jurisdiction
- 2.Costs of the application awarded to the respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution as read with section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondu (Substituted by Mathew Obunga Okore) v Ondu (Substituted by Monica Mugoya & 2 others) (Environment and Land Case E021 of 2021) [2025] KEELC 8216 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8216/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.