Chelangat v Kiplimo & 2 others (Environment and Land Miscellaneous Application E026 of 2025) [2026] KEELC 165 (KLR)
The bottom line
#A Kenyan court transferred an adverse possession land case to the Environment and Land Court, confirming that Magistrates' Courts cannot hear such claims.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application has merit
- 2.What appropriate orders should issue for the ends of justice
Key legal issues
#Whether the Magistrate's Court has jurisdiction over a claim founded on adverse possession under Section 38 of the Limitation of Actions Act
The Magistrate's Court lacks jurisdiction over adverse possession claims; such claims vest exclusively in the Environment and Land Court
The suit before the Magistrate's Court is for adverse possession in respect of land reference number NANDI/KIPSIGAK/106. Section 38 of the Limitation of Actions Act vests exclusive jurisdiction over adverse possession claims in the Environment and Land Court. The Court of Appeal in Sugawara v Kiruti (2024) held that Magistrates' Courts have no jurisdiction to entertain such claims, and this binds the court.
Whether a suit filed in a court without jurisdiction is a nullity that cannot be transferred
The court declined to dismiss the suit as a nullity; instead, guided by Article 159(2) of the Constitution and the overriding objective, it sustained the suit by transferring it
The respondents argued, relying on Nickson M Chanda v Angela Kamwaria, that a suit filed in a court without jurisdiction is a nullity. The court held that the essence of the transfer jurisdiction is to sustain the suit rather than dismiss it, invoking Article 159(2)(b), (d) and (e) and Articles 50(1), 25(c) and 48, and following DT Dobie and Safaricom PLC v Kinuthia.
Legal principles established
#- Magistrates' Courts lack jurisdiction to entertain adverse possession claims, which fall within the exclusive jurisdiction of the Environment and Land Court
- Lack of jurisdiction renders a court's proceedings void
- Where a suit is founded before a court without jurisdiction, the appropriate course is to sustain rather than dismiss it, guided by the Constitution and the law under which it was instituted
Court orders
#- 1.Kapsabet Senior Principal Magistrate's ELC Case No. E036 of 2023 transferred from the Kapsabet Senior Principal Magistrate's Court to the Environment and Land Court for hearing and determination on merits
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 1A, 1B and 18 of the Civil Procedure Act (Cap 21); Section 3 of the Environment and Land Court Act, 2015 (2011); Article 159(2) of the Constitution of Kenya, 2010
Relief refused
#Costs of the application
The court ordered no orders as to costs despite the respondents seeking costs
Costs
No orders as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is thus, my considered view that the Magistrate's Court is devoid of jurisdiction over the suit before it. Thus, the application is meritorious and the 1st and 2nd Respondents' opposition fail to thwart it.
Accordingly, the application dated 20th August 2025 is hereby allowed in terms of order 3 for transfer of suit as stated in paragraph 1 (a) hereinabove with no orders as to costs.
The essence, is to sustain the suit sought to be transferred rather than dismiss it
Issues in the judgment
#The judgment records the respondents' memorandum of appearance as dated 31st October 2024, while the replying affidavit of the same respondents is dated 31st October 2025; the 2024 date appears to be an error.
The judgment cites the Environment and Land Court Act as '2015 (2011)', an internally inconsistent year reference.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chelangat v Kiplimo & 2 others (Environment and Land Miscellaneous Application E026 of 2025) [2026] KEELC 165 (KLR)", Case Analysis (2026). Notice of Motion dated 20th August 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/165/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.