Kariuki v Kariuki & 4 others (Environment and Land Case E161 of 2025) [2025] KEELC 8238 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land title fraud cases even when they also involve company law disputes.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over a suit combining challenges to charges, debentures, removal of directors, and land administration
The objections are dismissed; the predominant issue is alleged fraudulent dealings with the title to L.R. No. 209/11088/15, which is within the ELC's preserve.
The court noted the ELC and High Court are of equal but different jurisdictions. Faced with mixed grill matters, it adopted the predominant issue test endorsed by the Court of Appeal in Joel Kyatha Mbaluka. Although the suit raises company law issues, the company law grievances (fraudulent directorship changes) exist only in support of the principal prayers for cancellation of entries on the title and sharing of rental income. Cancellation of register entries and land administration fall squarely within Section 13 of the ELC Act.
Whether the jurisdictional challenge constitutes a proper preliminary objection
Yes - it is a pure question of law requiring no ascertainment of facts and is potentially dispositive of the suit.
Applying Mukisa Biscuits and Hassan Ali Joho, the court held that a jurisdictional challenge calls only for a characterization of the legal nature of the dispute against the court's statutory mandate, without needing to ascertain facts or exercise discretion, and is potentially dispositive. The Supreme Court in Munene vs Kingara affirmed that jurisdiction is a pure question of law to be determined as a matter of priority.
Legal principles established
#- In determining jurisdiction over cross-cutting (mixed grill) matters between the ELC and the High Court, the proper test is the predominant issue test, not the predominant purpose test.
- Jurisdiction is everything; a court without jurisdiction has no power to take any further step.
- A preliminary objection must raise a pure point of law, assumed on the correctness of pleaded facts, and must be capable of disposing of the suit.
Court orders
#- 1.The Preliminary Objections dated 7th May, 2025 and 19th June, 2025 are dismissed with costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act, No. 19 of 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Kariuki & 4 others (Environment and Land Case E161 of 2025) [2025] KEELC 8238 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8238/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.