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ELCDismissedNot stated in the judgment extract· [2026] KEELC 684 (KLR)

Mediratta & 17 others v Karen Hills Limited & 2 others (Environment and Land Case E047 of 2021) [2026] KEELC 684 (KLR)

Environment and Land Court
12 February 2026
6,457 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court confirmed it can hear the Karen Hills Estate dispute between homeowners and the estate's management company, and dismissed the attempt to move it.

What this practically means

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Executive summary

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The 1st to 3rd Defendants moved the Environment and Land Court by Notice of Motion dated 14th November 2025, supported by the affidavit of Jonathan Adrian Jackson, seeking a finding that the court lacks jurisdiction over the Plaintiffs' Amended Plaint dated 22nd October 2025 and its striking out in entirety, or alternatively the striking out of specified paragraphs and corresponding prayers on the ground that the dispute is a commercial matter for the High Court. They characterised the suit as concerning share transfers in the management company, board appointments, audited accounts, interest on service charge arrears, and payments to a third party under a Management Services Agreement. The Plaintiffs, through Judy Karori's replying affidavit, maintained that the dispute arises from the Lease, Agreements for Lease and Agreements for Sale of Shares, concerning service charge administration, failure to issue shares, board representation, and clauses of the Lease allegedly violating Article 40 of the Constitution and Section 42 of the Land Act. The court framed two issues on striking out for want of jurisdiction. Adopting the predominant issue test as settled by the Court of Appeal in Joel Kyatha Mbaluka, and distinguishing the predominant purpose test, the court held that the dominant issue is the Plaintiffs' possession, occupation and enjoyment of land within Karen Hills Estate, with governance, service charge and covenant-enforcement claims flowing directly from leasehold tenure. Both the primary and alternative prayers failed. The Notice of Motion was dismissed with costs on 12th February 2026.

Key legal issues

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01

Whether the ELC has jurisdiction over the Plaintiffs' suit arising from lease and management company arrangements in Karen Hills Estate

Holding

The court has jurisdiction; the dominant issue relates to possession, occupation and enjoyment of land, not a purely commercial dispute

Reasoning

Applying the predominant issue test adopted from the Court of Appeal in Joel Kyatha Mbaluka, the court examined the gravamen of the dispute. The claims are grounded in leasehold relationships under the Land Act and Land Registration Act, covering occupation, access to amenities, service charge obligations, estate management and covenants running with the land. The reliefs sought are incidental to these leasehold arrangements, hence within Article 162(2)(b) and Section 13 of the ELC Act.

p. 12
02

Which test governs allocation of jurisdiction between the ELC and the High Court in mixed land/commercial disputes

Holding

The predominant issue test, as settled by the Court of Appeal, rather than the predominant purpose test

Reasoning

The court reviewed two competing approaches: the predominant purpose test favoured by Ngugi, J in Suzanne Achieng Butler, and the predominant issue test articulated by Munyao, J in Lydia Nyambura Mbugua and endorsed by the Court of Appeal in Joel Kyatha Mbaluka. The court adopted the latter, holding that what matters is the subject matter or issue before the court, not the purpose of the underlying transaction.

p. 9
03

Whether parts of the Amended Plaint should be struck out even if the suit is otherwise properly before the court

Holding

The alternative prayer fails because the impugned paragraphs fall squarely within the court's jurisdiction

Reasoning

Having found jurisdiction over the whole dispute, and having found the claims inextricably linked to the Agreements for Lease, Leases and Assignments of Lease, the court held that the paragraphs challenged concern leasehold tenure, occupation, estate management, service charge obligations and enforcement of covenants incidental to land use - all matters the ELC is clothed to determine under Section 13(2) of the ELC Act.

p. 12

Legal principles established

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  • In determining whether a dispute falls within the ELC's jurisdiction, the predominant issue test applies - the court examines the dominant issue in the dispute rather than the predominant purpose of the transaction
  • Disputes arising from breaches of leases and agreements for lease, concerning occupation, estate management and service charge, fall within the jurisdiction of the Environment and Land Court under Article 162(2)(b)

Court orders

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  1. 1.The Notice of Motion dated 14th November, 2025 is found to be unmerited and is dismissed with costs.
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya and Section 13 of the Environment and Land Court Act, 2011

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, "Mediratta & 17 others v Karen Hills Limited & 2 others (Environment and Land Case E047 of 2021) [2026] KEELC 684 (KLR)", Case Analysis (2026). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/684/eng@2026-02-12

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