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ELCDismissedNot stated in the judgment· [2026] KEELC 1602 (KLR)

Esho (Suing as the legal representative of the Estate of Reteti Ole Esho) v Esho & 2 others (Land Case E026 of 2025) [2026] KEELC 1602 (KLR)

Environment and Land Court
19 March 2026
3,428 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed that a limited grant ad litem still gives an estate's representative standing to sue, and land title claims belong in the ELC, not probate court.

What this practically means

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Executive summary

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The Defendants/Objectors, Douglas Simpano Esho and Lawrence Salaon Esho, filed a Notice of Preliminary Objection dated 22nd October 2025 seeking to strike out the Plaintiff's suit on two grounds: that the Plaintiff lacked locus standi, his only authority being a Limited Grant of Letters of Administration Ad Litem dated 15th June 2020 issued in Narok Succession Cause 16 of 2020, which was restricted in scope; and that the suit, being in substance about administration and distribution of the estate of the late Reteti Ole Esho, belonged to the probate court, robbing the Environment and Land Court of jurisdiction. The objection was canvassed by written submissions. The Defendants relied on Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd and Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd. The Plaintiff, through Ombati D.B & Co. Advocates, argued the grant was valid and operational, and that the ELC had jurisdiction under Article 162(2)(b) of the Constitution and Section 13 of the ELC Act since the suit sought cancellation of titles procured through intermeddling. The court, L. Gacheru J, first held the objection raised pure points of law. It then found the Limited Grant Ad Litem conferred standing; it had no time limit and had not expired or been revoked, so a 2020 grant could sustain a 2025 suit. On jurisdiction, the court held the gravamen of the claim was cancellation of title to land, falling under Sections 13(2)(a), (e) and 5(f) and (g) of the ELC Act, not the probate court. The Preliminary Objection was dismissed entirely with costs to the Plaintiff, and the suit was directed to proceed to hearing on merit.

Key legal issues

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01

Whether the Preliminary Objection raised pure points of law

Holding

Yes. Locus standi is a legal requirement and jurisdiction goes to the root of the suit; both are pure points of law arising from the pleadings, satisfying the Mukisa Biscuit criteria.

Reasoning

Applying Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd, the court confirmed that a preliminary objection must be a pure point of law based on the pleadings, assumed facts to be correct, and require no exercise of discretion. It held that locus standi is capacity to plead, a legal requirement, and that jurisdiction is everything; both issues raised by the objectors qualified as pure points of law steming from the pleadings.

p. 5
02

Whether the Plaintiff had locus standi based on the Limited Grant Ad Litem of 15th June 2020

Holding

Yes. The Grant was issued for purposes of prosecuting a suit on behalf of the estate, had no time limit, and had not expired or been revoked.

Reasoning

The court explained the nature of a Limited Grant Ad Litem as a temporary grant enabling litigation on behalf of a deceased's estate. The objectors failed to identify which characteristic of the grant the Plaintiff had offended. Since the grant was issued for prosecuting a suit on behalf of the estate of Reteti Ole Esho, carried no time limit and had not been revoked, the court could not hold that a 2020 grant could not sustain a 2025 suit.

p. 6
03

Whether the Environment and Land Court has jurisdiction over the suit

Holding

Yes. The gravamen of the claim is cancellation of titles to land, which falls under Section 13(2)(a), (e) of the ELC Act, not the probate court.

Reasoning

The court examined the orders sought in the Plaint, notably a declaration that the transfer or subdivision of the suit parcels was null and void and that the titles be cancelled. Such a claim relates to title to land, land planning and tenure, squarely within Sections 13(2)(a), (e) and 5(f) and (g) of the ELC Act read with Article 162(2)(b) of the Constitution, and therefore within the ELC's jurisdiction and not that of the succession court.

p. 7

Legal principles established

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  • A Limited Grant Ad Litem confers locus standi on its holder to sue on behalf of a deceased's estate, and where it carries no time limit and has not been revoked, it does not expire by lapse of time
  • The Environment and Land Court has jurisdiction over claims for cancellation of titles to land even where the land belonged to a deceased person; such claims are not the preserve of the probate court

Court orders

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  1. 1.The Preliminary Objection dated 22nd October 2025 is dismissed entirely
  2. 2.Costs of the Preliminary Objection to the Plaintiff
  3. 3.The suit to be heard and determined on merit; Defendants to file and serve their Defence and parties to comply with pre-trial directions expeditiously
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya 2010 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, "Esho (Suing as the legal representative of the Estate of Reteti Ole Esho) v Esho & 2 others (Land Case E026 of 2025) [2026] KEELC 1602 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1602/eng@2026-03-19

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