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ELCPartially AllowedNot stated in judgment· [2026] KEELC 816 (KLR)

Ojala v Ojala & another (Environment and Land Case E004 of 2024) [2026] KEELC 816 (KLR)

Environment and Land Court
11 February 2026
2,423 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed it can hear any land dispute regardless of value, but still transferred this Sori town plot case to a lower court.

What this practically means

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Executive summary

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The Plaintiff sued over Plot No. 25 'B' (25ft by 100ft) in Sori town, Nyatike Sub-County, Migori County, alleging that the 1st and 2nd Defendants caused its transfer from the name of the deceased Yunita Adhiambo Ojala, and sought reversion of the plot to himself as the original owner, an injunction against interference, costs and interest. The 1st Defendant raised a preliminary objection contending that the court lacked pecuniary jurisdiction in the first instance because the subject property fell below the KShs 20 million threshold of the magistrates' courts, invoking Section 9 of the Magistrates' Court Act and Section 26 of the ELC Act. The Plaintiff opposed, arguing the ELC had unlimited land jurisdiction under Article 162(2)(b) and Sections 4 and 13 of the ELC Act, and also objected to submissions signed by a firm not on record for the 2nd Defendant. The court applied the Mukisa Biscuits test and the Lillian S principle on jurisdiction, held that Section 13(1) of the ELC Act confers jurisdiction over 'all disputes' irrespective of value, and found the objection mischievous and an abuse of process. It dismissed the objection with costs to the Plaintiff but, acting suo motu and noting that the pleadings did not disclose the plot's value, ordered the suit transferred forthwith to the Migori Subordinate Court for hearing and determination.

Key legal issues

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01

Whether the ELC's jurisdiction is limited by the pecuniary thresholds applicable to magistrates' courts

Holding

The objection was unmerited; the ELC has unlimited jurisdiction over land disputes irrespective of value

Reasoning

Article 162(2)(b) establishes courts with High Court status for land disputes, and Section 13(1) of the ELC Act confers jurisdiction over 'all disputes'. The KShs 20 million threshold in Section 7 of the Magistrates' Court Act limits subordinate courts only. Filing in the wrong forum does not oust jurisdiction; the proper course was an application to transfer. The objection was thus mischievous and an abuse of process.

p. 5
02

Whether the preliminary objection was incompetent because the supporting submissions were signed by a firm not on record for the 2nd Defendant

Holding

The preliminary objection remained validly before the court despite the misdescription in the submissions

Reasoning

The court distinguished pleadings from submissions: the objection was a pleading properly signed by the advocates, while the submissions were merely a 'marketing tool' mistakenly signed as for the 2nd Defendant. Since submissions are not pleadings or evidence, the error was disregarded and the objection analyzed on its merits.

p. 3

Legal principles established

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  • The ELC's jurisdiction under Article 162(2)(b) and Section 13 of the ELC Act covers all land and environment disputes irrespective of pecuniary value; only subordinate courts have pecuniary limits
  • Institution of a land dispute in a court of higher pecuniary jurisdiction does not render the suit incompetent; the remedy is an application for transfer, not striking out
  • A defect in signing submissions does not invalidate a preliminary objection properly on record, since submissions are not pleadings or evidence

Court orders

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  1. 1.The preliminary objection is dismissed with costs to the Plaintiff
  2. 2.Suo motu, the suit is transferred forthwith to the Migori Subordinate Court for hearing and determination
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act

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, "Ojala v Ojala & another (Environment and Land Case E004 of 2024) [2026] KEELC 816 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/816/eng@2026-02-11

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