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ELCStruck OutNot stated in the judgment

CMN (Applying as the Mother and Trustee to IM – Minor) (Environment and Land Miscellaneous Application E004 of 2026) [2026] KEELC 2149 (KLR)

Environment and Land Court
17 April 2026
872 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a request to charge a minor's land because guardianship and children's matters belong in the Children's Court or High Court.

What this practically means

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Executive summary

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On 20/1/2026 Casty Murugi Njogu moved the Environment and Land Court at Meru by notice of motion seeking orders authorising her to create a charge against land parcel Nyaki/Munithu/4220, registered in the joint names of herself and Ian Murithi, a minor, and to execute the charge in the minor's place as his guardian. The court directed written submissions on two issues: the question of guardianship of the minor, and the ELC's jurisdiction where there is no dispute about title. Following the principle in Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd, the court first disposed of the jurisdictional question. It held that the two dominant questions — appointment of a guardian under Section 122 of the Children's Act 2022 and whether charging the minor's title serves the child's best interests — fall outside the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the Environment and Land Court Act. Guardianship matters are governed by the Children's Act, whose designated forum is the children's court under Section 90, and the best-interests question is for the Children's Court and the High Court, which may act under Article 165(3)(a). There being no Article 162(2)(b) dispute, the court struck out the suit for want of jurisdiction, granted liberty to file a competent suit in a court with jurisdiction, and made no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Environment and Land Court has jurisdiction over the dominant issues in the application, namely the appointment of a guardian for a minor under Section 122 of the Children's Act 2022 and authorisation to execute a charge under Section 48 of the Land Registration Act
  2. 2.Whether it is in the best interest of the minor to create a charge against a title held in the name of the minor

Key legal issues

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01

Jurisdiction of the Environment and Land Court over guardian appointment and charging of a minor's title

Holding

The ELC lacks jurisdiction; such matters belong to the Children's Court and the High Court

Reasoning

The ELC's jurisdiction is donated by Article 162(2)(b) and elaborated in Section 13 of the Environment and Land Court Act. The dominant questions — appointment of a guardian under Section 122 of the Children's Act 2022 and the best interests of a child in charging a minor's title — fall under the children's court framework under Sections 2, 90 and 122 of the Children's Act, or the High Court's original civil jurisdiction under Article 165(3)(a). The ELC has not been designated a children's court.

p. 2

Legal principles established

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  • A jurisdictional question must be disposed of before any other question in the matter is considered
  • A court without jurisdiction must decline to act

Court orders

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  1. 1.The suit is struck out for want of jurisdiction on the part of the Environment and Land Court
  2. 2.Liberty to file a competent suit in a court seized of jurisdiction
  3. 3.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) of the Constitution read with Section 13 of the Environment and Land Court Act; the court expressly declined jurisdiction

Relief refused

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Order authorising the applicant to create a charge against the co-owned title

The court lacked jurisdiction as there is no Article 162(2)(b) dispute

p. 2

Order authorising the applicant to execute the charge in place of the minor as the minor's guardian

Appointment of a guardian for a minor falls under the Children's Act framework, for the Children's Court and High Court, not the ELC

p. 2

Costs

There will be no order as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The result is that this suit is hereby struck out for want of jurisdiction on part of the Environment and Land Court. There shall be liberty to file a competent suit in a court seized of jurisdiction. There will be no order as to costs.
p. 2Final orders
In the absence of jurisdiction, the court will down its tools in tandem with the principle in Owners of the Motor Vessel “Lillian S" v Caltex Oil (Kenya) Ltd (supra).
p. 2Jurisdiction
General questions relating to the appointment of guardians in relation to children are governed by the framework in Section 122 of the Children’s Act 2022.
p. 2Children's Act framework

Issues in the judgment

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minor

The date of registration of the suit property (11/1/2023) and the filing date (21/1/2026) are stated, but the suit number and neutral citation are absent from the judgment

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, "CMN (Applying as the Mother and Trustee to IM – Minor) (Environment and Land Miscellaneous Application E004 of 2026) [2026] KEELC 2149 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2149/eng@2026-04-17

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