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ELCPartially AllowedELC Case No. 2247 of 2007 (Consolidated with Civil Case No. 49 of 2009)· [2026] KEELC 2192 (KLR)

Galot v Galot & 8 others (Environment and Land Case 2247 of 2007 & Civil Case 49 of 2009 (Consolidated)) [2026] KEELC 2192 (KLR)

Environment and Land Court
21 April 2026
CMC. G. Mbogo
1,521 words in judgment
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The bottom line

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Kenya's Environment and Land Court transferred a long-running Kiambu land dispute to Thika, confirming property cases belong where the land is located.

What this practically means

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Executive summary

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The 3rd defendant moved the court by notice of motion dated 11th February, 2026, under Order 51 Rule 1 of the Civil Procedure Rules and Sections 1A, 1B and 12 of the Civil Procedure Act, seeking transfer of this long-running land suit (filed in 2007 before the creation of the ELC, and consolidated with Civil Case No. 49 of 2009) to the Environment and Land Court at Thika in Kiambu County, where the suit property, LR No. 7022/7, is situate. The application was supported by the 6th defendant, not opposed by the 2nd defendant, and supported by the 1st interested party, Pavan Galot. It was opposed by the plaintiff, Avin Galot, legal representative of the estate of the original plaintiff, who argued that the defendants had serially abused court process - including six recusal applications in HCCC 55 of 2012 - and that the transfer was a further delay tactic, noting that the defendants reside and work in Industrial Area, Nairobi, and that counsel practise in Nairobi. The sole issue was whether the suit should be transferred to ELC Thika. Relying on section 12 of the Civil Procedure Act and Order 47 Rule 6 of the Civil Procedure Rules, and on the M Oriental Bank decision cited by the 3rd defendant, the court held that suits should ordinarily be heard within the territorial jurisdiction of the subject matter, reducing time, costs and the expense of site visits, and enhancing access to justice under the overriding objective. The plaintiff's objections were found not persuasive. The suit was transferred to ELC Thika on a priority basis, with a mention before the Presiding Judge, ELC Thika, on 5th May, 2026, and each party was ordered to bear their own costs.

Key legal issues

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Whether the suit should be transferred to the Environment and Land Court at Thika

Holding

The application for transfer was allowed because the suit property is situated in Kiambu County within the geographical jurisdiction of the ELC Thika, and the plaintiff's objections were not persuasive

Reasoning

The court applied section 12 of the Civil Procedure Act, which requires suits relating to immovable property to be instituted where the property is situate, and Order 47 Rule 6 of the Civil Procedure Rules, which permits transfer for cause shown with regard to the convenience of parties and witnesses. The court found that hearing the suit in Thika, where the property lies, reduces time and costs, promotes efficiency and access to justice, and serves the overriding objective. The plaintiff's objections of delay and inconvenience were found insufficient to defeat these considerations.

p. 4

Legal principles established

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  • Suits relating to immovable property should be heard within the territorial jurisdiction where the property is situate, which enhances access to justice and accords with the overriding objective

Court orders

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  1. 1.This suit is hereby transferred to the Environment and Land Court at Thika within Kiambu County for hearing and determination on a priority basis
  2. 2.The matter to be mentioned before the Presiding Judge ELC Thika on 5th May, 2026 for further directions
  3. 3.Each party shall bear their own costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 12
  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure RulesOrder 47 Rule 6

Cases cited (1)

  • M Oriental Bank Limited v Kenya National Highways Authority & another (Environment and Land Petition E007 of 2024)
    [2025] KEELC 6787 (KLR)
Jurisdiction invoked
Sections 1A, 1B and 12 of the Civil Procedure Act and Order 51 Rule 1 and Order 47 Rule 6 of the Civil Procedure Rules

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, "Galot v Galot & 8 others (Environment and Land Case 2247 of 2007 & Civil Case 49 of 2009 (Consolidated)) [2026] KEELC 2192 (KLR)", Case Analysis (2026). ELC Case No. 2247 of 2007 (Consolidated with Civil Case No. 49 of 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2192/eng@2026-04-21

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