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ELCOtherELCLC E435 OF 2025· [2026] KEELC 2029 (KLR)

Njoroge (Suing as the Administratrix of the Estate of Peter Njoroge Muriu (Deceased)) v Kanyotu & another (Environment and Land Case E435 of 2025) [2026] KEELC 2029 (KLR)

Environment and Land Court
13 April 2026
MKMohammed N. Kullow
643 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 Environment and Land Court dismissed a defendant's attempt to have a Nairobi land case thrown out on territorial jurisdiction grounds, holding such disputes are fixed by transferring the file, not ending the case.

What this practically means

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Executive summary

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The plaintiff sued seeking a declaration that it is the registered owner of Nairobi/Block/112/87 (the suit property) and a permanent injunction restraining the 1st defendant from dealing with the property, together with an application dated 1st September 2025. Before that application could be heard, the 1st defendant filed a notice of preliminary objection dated 30th September 2025 contending that the court lacked territorial jurisdiction to hear the suit. The plaintiff opposed, maintaining that the suit property is located in Runda within Nairobi County, as evidenced by payment of rates to Nairobi City County. The objection was dispensed with by written submissions. The 1st defendant relied on the Mukisa Biscuits definition of a preliminary objection, urging that jurisdiction was a pure point of law capable of disposing of the suit. The court, framed a single issue: whether the notice of preliminary objection was merited. It accepted that a jurisdictional objection attains the threshold of a pure preliminary point of law because success would end the suit. However, on a reading of the plaint, the search had been conducted at the Nairobi registry, placing the property within Nairobi County. The court further held that even if the property were outside Nairobi, a territorial jurisdiction defect is easily cured by transferring the file to the relevant court and cannot dispose of the suit. The preliminary objection accordingly failed, with costs in the cause.

Key legal issues

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Whether the court lacks territorial jurisdiction over the suit

Holding

The preliminary objection fails; the suit property falls within Nairobi County as evidenced by the search at the Nairobi registry and payment of rates to Nairobi City County

Reasoning

The court applied the Mukisa Biscuits threshold, finding the objection was a pure point of law since success would end the suit. However, on the pleadings, the search was conducted at the Nairobi registry, indicating the property lies within Nairobi County. Even absent that, a territorial defect is remedied by transfer of the file rather than dismissal, so the objection could not succeed.

p. 3

Legal principles established

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  • A preliminary objection must be a pure point of law capable of disposing of the suit
  • An issue of territorial jurisdiction can be cured by transfer of the file to the competent court and cannot, by itself, dispose of a suit

Court orders

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  1. 1.The notice of preliminary objection dated 30th September 2025 fails/dismissed
  2. 2.Costs will be in the cause
Jurisdiction invoked
Environment and Land Court Act - territorial jurisdiction over land situated within Nairobi County

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, "Njoroge (Suing as the Administratrix of the Estate of Peter Njoroge Muriu (Deceased)) v Kanyotu & another (Environment and Land Case E435 of 2025) [2026] KEELC 2029 (KLR)", Case Analysis (2026). ELCLC E435 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2029/eng@2026-04-13

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