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ELCPartially AllowedNot stated in the judgment (miscellaneous application dated 5/8/2025)

Nkari & another v Ngeti & 2 others (Environment and Land Miscellaneous Application E025 of 2025) [2026] KEELC 379 (KLR)

Environment and Land Court
28 January 2026
BEB M Eboso
176 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court moved a land dispute to the Environment and Land Court but delayed combining it with a related case until that case is properly registered.

What this practically means

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Executive summary

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By a notice of motion dated 5 August 2025, the applicants sought two principal orders: first, the transfer of Chuka CMC E&L Case No E036 of 2024 from the magistrates' court to the Chuka Environment and Land Court for hearing and determination; and secondly, the consolidation of that cause with Chuka ELCL (OS) No E005 of 2025 once the latter was registered at the Chuka Environment and Land Court Registry. The application was not opposed. The court, per B M Eboso, ELC Judge, allowed the transfer on the ground that there was no objection, holding that in the absence of any objection the cause should move to the Environment and Land Court. On consolidation, the court deferred the plea, directing that it be renewed once the second cause was registered at the Chuka Environment and Land Court Registry, since consolidation could not be effected in respect of a cause not yet registered. On costs, taking into account the nature of the application, the court ordered that parties bear their respective costs of the miscellaneous suit/application. The ruling was delivered at Chuka on 28 January 2026, with Mr I. C. Mugo appearing for the applicants and Mr Ithiga Njeru for the respondents. The net effect is that the application partially succeeded: transfer granted, consolidation deferred, and no costs awarded against either party.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether Chuka CMC E&L Case No E036 of 2024 should be transferred to the Chuka Environment and Land Court for hearing and determination
  2. 2.Whether the said cause should be consolidated with Chuka ELCL (OS) No E005 of 2025

Key legal issues

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01

Transfer of a cause from the magistrates' court to the Environment and Land Court

Holding

The application for transfer, being unopposed, was allowed and the cause was transferred to the Chuka Environment and Land Court

Reasoning

The court noted that the application was unopposed and, in the absence of any objection, granted the transfer. The transfer serves the proper forum for environmental and land disputes. No contest on the merits was recorded.

p. 1
02

Consolidation of the transferred cause with Chuka ELCL (OS) No E005 of 2025

Holding

Consolidation was deferred because the second cause is not yet registered at the Chuka Environment and Land Court Registry

Reasoning

Consolidation is only possible between causes properly registered in the same registry. Since Chuka ELCL (OS) No E005 of 2025 was not yet registered at the Chuka Environment and Land Court Registry, the court deferred the plea, permitting the applicants to renew it upon registration.

p. 1

Legal principles established

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  • An unopposed application for transfer of a cause to the Environment and Land Court may be allowed without opposition

Court orders

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  1. 1.Chuka CMC E&L Case No E036 of 2024 is transferred to the Chuka Environment and Land Court for hearing and determination
  2. 2.The plea for consolidation with Chuka ELCL (OS) No E005 of 2025 is to be renewed once that cause is registered at the Chuka Environment and Land Court Registry
  3. 3.Each party to bear their respective costs of the miscellaneous suit/application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court's power to transfer and hear matters within its jurisdiction (statutory transfer jurisdiction not expressly cited in the judgment)

Relief refused

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Immediate consolidation of Chuka CMC E&L Case No E036 of 2024 with Chuka ELCL (OS) No E005 of 2025

The second cause is not yet registered at the Chuka Environment and Land Court Registry; the applicants may renew the plea once it is registered

p. 1

Costs

Parties shall bear their respective costs of the miscellaneous suit/application

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the absence of any objection, Chuka CMC E&L Case No E036 of 2024 is hereby transferred to Chuka Environment and Land Court for hearing and determination.
p. 1Transfer of cause to ELC
The plea for consolidation will be renewed once the said cause is registered at the Chuka Environment and Land Court Registry.
p. 1Deferred consolidation
Taking into account the nature of the application, parties shall bear their respective costs of the miscellaneous suit/application.
p. 1Costs - final orders

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, "Nkari & another v Ngeti & 2 others (Environment and Land Miscellaneous Application E025 of 2025) [2026] KEELC 379 (KLR)", Case Analysis (2026). Not stated in the judgment (miscellaneous application dated 5/8/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/379/eng@2026-01-28

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