Makokha v Khasede & another (Environment and Land Appeal E021 of 2024) [2026] KEELC 480 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that Magistrates Courts cannot decide adverse possession land claims, voiding a Ukwala court's judgment.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of Magistrates Court over adverse possession claims
The Magistrates Court lacked jurisdiction to hear the adverse possession claim; the entire proceedings were a nullity
The Court of Appeal in Sugawara (Civil Appeal E141 of 2022, decided 11/10/2024) held that despite the expansion of ELC jurisdiction to Magistrates Courts, section 9(a) of the Magistrates Court Act does not include adverse possession claims. The trial court therefore acted without jurisdiction when it heard and determined the Originating Summons under sections 7 and 38 of the Limitation of Actions Act.
Consequence of lack of jurisdiction on trial proceedings
The entire proceedings and judgment were a nullity and had to be set aside
Applying the principle that nothing comes from a nullity, the court set aside the judgment and proceedings and recalled the suit to the ELC, the forum in which it was properly filed, for hearing de novo, relying on the jurisdiction of the High Court to transfer suits under section 18 of the Civil Procedure Act.
Legal principles established
#- Magistrates Courts lack jurisdiction to adjudicate claims founded on adverse possession; only the Environment and Land Court has such jurisdiction
- A judgment given without jurisdiction is a nullity and cannot be cured by time or acquiescence
Court orders
#- 1.The judgement of the trial court be set aside together with its proceedings
- 2.The suit is recalled back to the Environment and Land Court for hearing de novo
- 3.Each party bears its own costs on this appeal
- On appeal from
- Senior Principal Magistrates Court at Ukwala
- Ukwala Magistrates Court ELC No. 47 of 2018
- Jurisdiction invoked
- Article 162 of the Constitution of Kenya 2010 and section 13 of the ELC Act; appeal under section 18 Civil Procedure Act considerations; Sections 37 & 38 Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makokha v Khasede & another (Environment and Land Appeal E021 of 2024) [2026] KEELC 480 (KLR)", Case Analysis (2026). Ukwala Magistrates Court ELC No. 47 of 2018 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/480/eng@2026-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.