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ELCDismissedNot stated in judgment (Notice of Motion dated 12th November 2024)· [2026] KEELC 1153 (KLR)

Okongo & another v Akali & another (Environment and Land Miscellaneous Case E023 of 2024) [2026] KEELC 1153 (KLR)

High Court of Kenya at Kakamega
25 February 2026
ANA. NYUKURI
809 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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The High Court refused to move a land case to Butere, confirming that cases stay where the property is located unless real prejudice is proven.

What this practically means

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Executive summary

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The applicants moved the High Court by Notice of Motion dated 12th November 2024 seeking transfer of Kakamega MC ELC No. E200 of 2024 from the Kakamega Chief Magistrates Court to the Principal Magistrates Court at Butere, where Succession Cause No. E026 of 2022 between the same parties concerning parcels Kisa/Wambulishe/1638 and 1639 is pending. They argued that eight beneficiaries of the estate would be strained following the proceedings in two different courts. The 1st respondent opposed, contending the Kakamega court had territorial jurisdiction since the suit property is in Kakamega County, and that the application was an attempt to evade contempt proceedings arising from alleged trespass in breach of a temporary injunction issued on 14th August 2024. The 2nd respondent likewise termed the application an abuse of process. The court framed a single issue: whether the applicants deserved the orders sought. Relying on section 18(b)(ii) of the Civil Procedure Act, it held that the purported beneficiaries were not parties to the suit, had never sought joinder, and had no identifiable stake, and that no prejudice to the applicant was demonstrated. The three-month delay in bringing the application made it an afterthought. Since the suit property lies in Kakamega County, the Kakamega court had jurisdiction. The Notice of Motion was dismissed with costs to the respondents.

Key legal issues

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01

Whether the applicants deserved the orders sought (transfer of the suit from Kakamega to Butere Magistrates Court)

Holding

The application was dismissed; the Kakamega court has jurisdiction and no prejudice justified the transfer.

Reasoning

The High Court has power to transfer suits between magistrates' courts under section 18(b)(ii) of the Civil Procedure Act. The eight beneficiaries cited as justification are not parties, never sought joinder, and have no identifiable stake. The applicant did not demonstrate any prejudice. The suit was filed in August 2024 and the transfer application made in November 2024; the delay rendered it an afterthought, and the subject property lies in Kakamega County.

p. 2

Legal principles established

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  • A Magistrates court in whose county the suit property is situated has territorial jurisdiction to hear and determine the suit.
  • The court will not make transfer orders to accommodate non-parties who have no identifiable stake in the proceedings.

Court orders

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  1. 1.Dismissal of the Notice of Motion dated 12th November 2024 seeking transfer of Kakamega MC ELC No. E200 of 2024 to Butere Principal Magistrates Court
  2. 2.Costs of the application to the respondents
Jurisdiction invoked
Section 18(b)(ii) of the Civil Procedure 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, "Okongo & another v Akali & another (Environment and Land Miscellaneous Case E023 of 2024) [2026] KEELC 1153 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 12th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1153/eng@2026-02-25

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