Nyangeri & another v Housing Finance Company of Kenya Limited & another (Civil Appeal E004 of 2024) [2026] KEELC 1322 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out an appeal against a bank's auction because mortgage and charge disputes belong in the High Court, not the ELC.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has appellate jurisdiction over an appeal challenging a chargee's exercise of statutory power of sale
The court held it lacks jurisdiction because the dispute relates to a charge, not the use and occupation of, or title to, land
The court relied on Co-operative Bank of Kenya v Patrick Kangethe Njuguna, where the Court of Appeal held that the ELC's jurisdiction over contracts under section 13 of the ELC Act must be understood in the context of disputes connected to the 'use' of land. A charge creates rights limited to realization of the security and has nothing to do with the use of land. That decision binds this court, so the appeal must be struck out notwithstanding its transfer from the High Court.
Legal principles established
#- The ELC lacks jurisdiction over disputes concerning mortgages and charges, including the exercise of a chargee's statutory power of sale; such disputes fall within the civil jurisdiction of the High Court
- Jurisdiction flows from the Constitution or legislation and a court can only exercise jurisdiction conferred upon it by the Constitution or other written law
Court orders
#- 1.The appeal is struck out with costs to the Respondents
- On appeal from
- Senior Principal Magistrate's Court, Ngong
- Ngong CMCC No. E018 of 2022
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and sections 13(4) and 13(5) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyangeri & another v Housing Finance Company of Kenya Limited & another (Civil Appeal E004 of 2024) [2026] KEELC 1322 (KLR)", Case Analysis (2026). Ngong CMCC Appeal No. E018 of 2022 (arising from Ngong CMCC No. E018 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1322/eng@2026-03-05
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