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ELCPartially AllowedOriginating Summons dated 20.5.2025 (Nyahururu ELC)· [2025] KEELC 8503 (KLR)

Ndegwa v Mathenge (Enviromental and Land Originating Summons E004 of 2025) [2025] KEELC 8503 (KLR)

Environment and Land Court
3 December 2025
LMLucy N. Mbugua
807 words in judgment
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The bottom line

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A Nyahururu court confirmed that only the Environment and Land Court can decide adverse possession claims in Kenya, and let the occupier stay on the land meanwhile.

What this practically means

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Executive summary

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The Applicant filed an Originating Summons dated 20.5.2025 claiming Marmanet/North Rumuruti Block 2/3393 (Ndurumo) by adverse possession, together with an application dated 23.05.2025 seeking maintenance of status quo (continued occupation), a temporary injunction against the Respondent (the registered owner), and transfer of Nyahururu Magistrate's Court ELC No. E010 of 2025 to the ELC. The Respondent had earlier sued for vacant possession in the magistrate's court. The Respondent filed a Notice of Preliminary Objection dated 01.07.2025 seeking striking out of the suit as scandalous, frivolous, vexatious and res subjudice to the magistrate's court matter. The court heard the application and preliminary objection simultaneously by written submissions. Relying on Kiiru v Githinji and the Court of Appeal's decision in Sugawara v Kiruti, the court held that jurisdiction over adverse possession claims vests in the Environment and Land Court, and that to avoid conflicting decisions the logical course is to transfer and consolidate the parallel proceedings. The court ordered transfer of the magistrate's court file to the ELC under Section 18 of the Civil Procedure Act, consolidation with the magistrate's court case as the lead file and the Originating Summons as counterclaim, maintenance of status quo with the Applicant remaining in occupation, marked the application as spent, dismissed the preliminary objection, and directed that each party bear their own costs. Judgment delivered at Nyahururu on 3 December 2025 by Lucy N. Mbugua, J.

Key legal issues

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Jurisdiction over adverse possession claims and avoidance of conflicting decisions between courts

Holding

Adverse possession claims lie within the ELC's jurisdiction; the parallel magistrate's court eviction suit should be transferred and consolidated to avoid conflicting outcomes.

Reasoning

The court noted the magistrate's court suit seeks eviction of the Applicant while the OS seeks adverse possession. Relying on Kiiru v Githinji and the Court of Appeal's decision in Sugawara v Kiruti, the court held that the ELC is vested with jurisdiction over adverse possession, and that the logical course is transfer and consolidation rather than parallel proceedings risking conflicting decisions. The preliminary objection was dismissed.

p. 2

Legal principles established

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  • The Environment and Land Court, not the magistrates' court, has jurisdiction to hear claims of adverse possession, even where an eviction suit on the same land is pending before the magistrates' court.

Court orders

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  1. 1.Nyahururu Magistrate's Court ELC No. E010 of 2025 is transferred to this court and shall be registered as an ELC file under Section 18 of the Civil Procedure Act
  2. 2.Once registered, the transferred file shall be consolidated with the current matter, with the case from the magistrate's court as the lead file and the Originating Summons as the counterclaim
  3. 3.Order of maintenance of status quo whereby the current applicant shall continue to be in occupation of the suit land
  4. 4.Application dated 23.5.2025 marked as spent; Preliminary Objection dismissed
  5. 5.Each party to bear their own costs of the application and the preliminary objection

Authorities

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Legislation

  • Civil Procedure ActSection 18

Cases cited (2)

  • Kiiru v Githinji (Representative of Joseph Githinji Kanyogo Deceased) & 5 others
    (Environmental and Land Originating Summons E001 of 2025) [2025] KEELC 1233 (KLR) (12 March 2025) (Ruling)
  • Sugawara v Kiruti (Sued in her capacity as the administratrix of the Estate of Mutarakwa Kiruti Lepaso alias Mutaragwa Kiruti Lepaso alias Mutaragwa Kiroti Leposo and in her own Capacity) & 3 others
    (Civil Appeal E141 of 2022) [2024] KECA 1417 (KLR) (11 October 2024) (Judgment)
Jurisdiction invoked
Section 18 of the Civil Procedure Act (transfer of suit from magistrates' court to the Environment and Land Court); ELC jurisdiction over adverse possession claims

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, "Ndegwa v Mathenge (Enviromental and Land Originating Summons E004 of 2025) [2025] KEELC 8503 (KLR)", Case Analysis (2025). Originating Summons dated 20.5.2025 (Nyahururu ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8503/eng@2025-12-03

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