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ELCPartially AllowedELCLA No. E012 of 2024 (Nyamira)· [2026] KEELC 2433 (KLR)

Momanyi v Gori & 3 others (Environment and Land Appeal E012 of 2024) [2026] KEELC 2433 (KLR)

Environment and Land Court
29 April 2026
DOD. O. Ohungo
2,885 words in judgment
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The bottom line

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Kenya's Environment and Land Court overturned a magistrate's ruling because the real dispute was paternity, not land, so the entire case was struck out.

What this practically means

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Executive summary

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The Respondents sued the Appellant in the Subordinate Court by plaint dated 27th February 2020, filed as an Environment and Land Court case. They pleaded that the First Respondent married the Appellant under Kisii Customary Law around 1980, with three children (the Second to Fourth Respondents). They sought an order compelling the Appellant to undergo DNA testing with them, an order allowing the Second to Fourth Respondents to continue constructing houses on parcel North Mugirango/Bonyarorande/1202, and costs. On 30th October 2024 the trial court (C I Agutu, SRM) granted the DNA testing order, allowed construction on the suit property, and awarded costs to the Respondents. The Appellant appealed, arguing the trial court lacked jurisdiction over paternity, that the DNA order violated his dignity, and that construction orders ignored his registered proprietorship. The ELC (D. O. Ohungo, J) framed two issues: jurisdiction and entitlement to relief. Relying on Article 162(2)(b) of the Constitution, Section 13 and Section 26(3) and (4) of the Environment and Land Court Act and Section 9(a) of the Magistrates' Courts Act, the court held magistrates have jurisdiction over occupation, use and title disputes, but the predominant issue here was paternity and marriage, outside that jurisdiction. The Respondents' land claim had no foundation absent proof of paternity, and they had not sought nullification of the Appellant's title. The appeal was allowed, the trial judgment set aside and replaced with an order striking out the Respondents' case, with each party bearing their own costs of both the appeal and the Subordinate Court proceedings.

Key legal issues

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01

Whether the Subordinate Court had jurisdiction over the dispute

Holding

The Subordinate Court lacked jurisdiction. Although filed as an Environment and Land Court case and within Section 26(3) and (4) of the ELC Act and Section 9(a) of the Magistrates' Courts Act generally, the predominant issue was paternity and marriage, which those provisions do not confer power to determine.

Reasoning

The court examined the Plaint and found the Respondents' claim rested entirely on being the Appellant's children, with the land relief dependent on paternity being established by DNA. The Respondents did not seek nullification of the title or assert an independent land interest. Since paternity and marriage fall outside the ELC jurisdiction conferred on magistrates, the entire suit was a nullity and the reliefs could not stand.

p. 14
02

Whether the Respondents were entitled to the reliefs sought

Holding

Having found lack of jurisdiction, the court held the Respondents were not entitled to the reliefs and struck out their case.

Reasoning

Jurisdiction being the threshold issue and answered in the negative, the court could not sustain the trial court's orders compelling DNA testing and permitting construction. The judgment was set aside and replaced with an order striking out the Respondents' case, with no order as to costs.

p. 14

Legal principles established

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  • Subordinate Courts presided over by duly gazetted magistrates with requisite pecuniary jurisdiction have jurisdiction to hear and determine cases involving occupation of, use and title to land
  • A magistrate's court acting under the Environment and Land Court Act has no jurisdiction to determine disputes on paternity and marriage
  • Proceedings conducted without jurisdiction are fatally defective and a nullity
  • A registered proprietor's certificate of title is prima facie evidence of proprietorship which the court is obliged to accept

Court orders

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  1. 1.Appeal allowed
  2. 2.Judgment of the Subordinate Court set aside and replaced with an order striking out the Respondents' case
  3. 3.Each party to bear own costs of both the appeal and the proceedings in the Subordinate Court
On appeal from
Subordinate Court (Senior Resident Magistrate's Court)
Not stated in the judgment
Jurisdiction invoked
First appeal to the Environment and Land Court under Section 26(3) and (4) of the Environment and Land Court Act and Section 9(a) of the Magistrates' Courts 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, "Momanyi v Gori & 3 others (Environment and Land Appeal E012 of 2024) [2026] KEELC 2433 (KLR)", Case Analysis (2026). ELCLA No. E012 of 2024 (Nyamira). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2433/eng@2026-04-29

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